261_93 Small Claims Rules B.C.

attending in person, and

attending by telephone, video conference or other means of electronic communication;

an accident claim, as defined in the Civil Resolution Tribunal Act, and

a claim purported to be an accident claim, as defined in the Civil Resolution Tribunal Act;

a tribunal small claim, as defined in the Civil Resolution Tribunal Act, and

a claim purported to be a tribunal small claim, as defined in the Civil Resolution Tribunal Act;

the defendant lives or carries on business, or

the transaction or event that resulted in the claim took place.

Repealed. [B.C. Reg. 207/2025, App., s. 1 (a).]

after the civil resolution tribunal has given the initiating party an initiating notice in relation to the claim, the civil resolution tribunal has refused to resolve the claim;

the court orders that the civil resolution tribunal not adjudicate the claim.

a claimant is the initiating party who made the initial request to the civil resolution tribunal and who was first given an initiating notice in relation to a claim in the proceeding before the civil resolution tribunal,

a defendant is, in relation to the initiating notice referred to in paragraph (a), a person who was required to make a response, and

a third party is a person, other than a claimant or defendant, who was required to make a response in the proceeding before the civil resolution tribunal referred to in paragraph (a).

the defendant lives or carries on business, or

the transaction or event that resulted in the claim took place.

the following documents in respect of all tribunal small claims that were to be resolved in a single proceeding before the civil resolution tribunal:

one of the following documents in respect of a tribunal small claim referred to in paragraph (a):

an address for service (Form 38).

the other party's copy of the notice of civil resolution tribunal claim;

a copy of the documents filed under subrule (8) with the notice of civil resolution tribunal claim;

a blank reply form (Form 2) for each claim made against the other party for which the other party does not have a response continued as a reply under this rule;

a blank address for service form (Form 38).

leaving a copy of those documents with the individual, or

mailing a copy of those documents by registered mail to the individual.

if the company has a registered office,

if the company's registered office has been eliminated, in the manner ordered by the court, or

in either case, by leaving a copy of those documents

by delivering a copy of those documents to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

by mailing a copy of those documents by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

by mailing a copy of those documents by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

by leaving a copy of those documents with the attorney, or

if no attorney has been appointed, by following subrule (12) (c).

with a partner,

at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

with a receptionist who works at a place of business of the partnership.

any other party referred to in subrule (10) of this rule is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act, or an unincorporated association including a trade union,

the filing party needs to serve the notice of civil resolution tribunal claim on a person outside British Columbia, or

the filing party is having difficulty serving any other party.

a reference in Rule 18 to a "notice of claim" must be read as a reference to a "notice of civil resolution tribunal claim",

a reference in Rule 18 (8) to a "claimant" must be read as a reference to a "filing party", and

a notice of civil resolution tribunal claim may be served on a claimant or third party in the same way as required for service of a notice of civil resolution tribunal claim on a defendant.

the defendant made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

the claim is continued under subrule (9).

pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

admit all or part of the claim;

admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

oppose all or part of the claim by listing reasons why the claim is opposed;

with the permission of a judge, make a counterclaim against the claimant (see subrule (26)).

within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

before the registrar has made a default order or set a date for a hearing.

the claimant made a response in respect of a claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

the response is filed under subrule (8) with the notice of civil resolution tribunal claim, and

the claim is continued as a counterclaim under subrule (27).

pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

admit all or part of the counterclaim;

admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

complete a reply (Form 2) and an address for service following the instructions on the forms,

file the reply and the address for service (Form 38),

pay the required fee unless the claimant has agreed to pay all of the counterclaim.

the third party made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

the claim is continued under subrule (36).

medical reports, and

records of expenses or losses incurred or expected.

medical reports, and

records of expenses or losses incurred or expected.

the defendant's copy of the notice,

a blank reply form (Form 2),

the claimant's address for service, and

a blank address for service form (Form 38).

leaving a copy of it with the defendant, or

mailing a copy of it by registered mail to the defendant.

if the company has a registered office,

if the company's registered office has been eliminated, in the manner ordered by the court, or

in either case, by leaving a copy of the notice of claim

by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

by leaving a copy of it with the attorney, or

if no attorney has been appointed, by following subrule (3) (c).

with a partner,

at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

with a receptionist who works at a place of business of the partnership.

the defendant is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act or an unincorporated association including a trade union,

the claimant needs to serve the notice of claim on a person outside British Columbia, or

the claimant is having difficulty serving the defendant.

pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

admit all or part of the claim;

admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

oppose all or part of the claim by listing reasons why the claim is opposed;

make a counterclaim against the claimant (see Rule 4).

within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

before the registrar has made a default order or set a date for a hearing.

following the instructions on the form, and

paying the required fee.

pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

admit all or part of the counterclaim;

admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

complete a reply (Form 2) following the instructions on the form,

within 14 days after being served with the counterclaim, file the reply in the registry where the notice of claim or notice of civil resolution tribunal claim was filed, and

pay the required fee unless the claimant has agreed to pay all of the counterclaim.

abandon part of the counterclaim so it may be heard in the court, or

begin an action in the Supreme Court.

until a date set by the judge, or

until a decision is given by the Supreme Court on the defendant's action,

begin an action in the Supreme Court and claim the higher amount, or

participate in the action begun by the defendant in the Supreme Court and claim the higher amount.

completing a third party notice (Form 3), following the instructions on the form if a settlement conference has not been held, or

applying to a judge for an order permitting a claim to be made against the other person if a settlement conference, mediation session or trial conference has been held (see Rule 16 (7)).

a copy of the third party notice;

a blank reply form;

a copy of the notice of claim or the notice of civil resolution tribunal claim;

a copy of the reply to the notice of claim or the notice of civil resolution tribunal claim;

a copy of the notice of settlement conference, mediation session, trial conference or trial, if one has been issued;

a copy of the documents referred to in Rule 1.1 (8) (a) and (b), if a copy of the notice of civil resolution tribunal claim must be served on the person named as the third party;

a blank address for service form (Form 38);

a copy of each party's address for service.

the amount the claimant is entitled to, if the claim is for money, and

the terms of an appropriate order, in any other case.

if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and

in any other case, make the appropriate order.

Rule 9.1 or 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a settlement conference under this rule,

on or before April 30, 2016, Rule 7.5 applied to the claim,

the claim relates to a motor vehicle accident and only liability for property damage is disputed, or

the proceeding was started by a notice of civil resolution tribunal claim.

the claim results from a motor vehicle accident,

the defendant is disputing the amount of the claim but not liability, and

a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant.

submit all relevant documents and reports to the registry at least 14 days before the date of the settlement conference, and

serve all relevant documents and reports on the other parties at least 7 days before the date of the settlement conference.

filing a consent to change the date under Rule 16 (1), or

applying for an order changing the date of the settlement conference at least 7 days before the date set for the settlement conference, unless the registrar orders otherwise, and giving whatever notice to the other party that the registrar or judge requires.

medical reports, and

records of expenses or losses incurred or expected.

submit the report to the registry at least 14 days before the date of the settlement conference, and

serve a copy of the report on the claimant at least 7 days before the date of the settlement conference.

mediate any issues being disputed;

decide on any issues that do not require evidence;

make a payment order or other appropriate order in the terms agreed to by the parties;

order that the claim be set for a trial conference under Rule 7.5;

set a trial date, if a trial is necessary;

discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;

order a party to produce any information at the settlement conference or anything as evidence at trial;

order a party to

if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;

dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it

before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information;

order that a trial is to be attended by telephone, video conference or other means of electronic communication;

Repealed. [B.C. Reg. 148/97, s. 7 (e).]

make any other order for the just, speedy and inexpensive resolution of the claim.

adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;

order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;

dismiss the claim, counterclaim, reply or third party notice.

if a judge orders otherwise, or

as provided in Rule 16 (11) and Rule 17 (8).

the agreement is cancelled, and

after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim.

despite Rule 7 (5), the parties must submit all relevant documents and reports to the registry at least two business days before the date of the settlement conference, and are not required to serve all relevant documents and reports on the other parties before the settlement conference;

despite Rule 7 (13) (a), the defendant must submit the medical report referred to in Rule 7 (13) to the registry at least two business days before the date of the settlement conference.

on application at any time, or

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

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

apply that evidence to all the claims, and

make a decision in each of the claims,

2 hours,

any shorter period that the mediator may direct, or

any shorter or longer period on which the parties may agree;

indemnify that party for liability arising out of a claim in the proceeding;

defend any claims made against that party in the proceeding;

the notice of claim that started the proceeding was filed after August 31, 2005, and

a claim in the proceeding amounts to more than $10 000 and not more than $35 000, without taking into account interest or claim-related expenses.

the proceeding involves a party who has obtained one of the following against another party:

Rule 9.2 applies to a claim in the proceeding, or

the claimant, defendant and cause of action in the proceeding are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court.

filing a Notice to Mediate for Claims Between $10 000 and $35 000 (Form 29), and

delivering a copy of that filed notice to every other party named on a notice of claim, reply or third party notice that has been filed in the proceeding.

the need for the mediator to be neutral and independent,

the qualifications of the mediator,

the mediator's fees,

the mediator's availability,

the nature of the dispute, and

any other consideration likely to result in the selection of an impartial, competent and effective mediator.

the selected mediator or any party may notify the roster organization of that inability or unwillingness, and

the roster organization must, within 7 days after receiving that notice, select a new mediator in accordance with subrule (11).

is agreed on by all parties and that agreement is confirmed by the mediator in writing, or

is ordered by the court.

the party who delivers a Notice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

each insurer of a claimant, defendant or third party may attend the mediation session.

the claimant;

the insurer of the defendant or, if the defendant is not insured, the defendant;

the insurer of the third party or, if the third party is not insured, the third party;

each third party insurer to the action.

have authority to settle, and

before the mediation session, provide to the mediator and serve on the other parties all documents and reports that are relevant to the dispute.

be familiar with all facts relevant to the dispute, and

have full authority to settle, or have access at the earliest practicable opportunity to a person who has, or to a group of persons who collectively have, full authority to settle, on behalf of the party.

all of the other persons attending the mediation session consent, or

subject to subrule (26), the registrar authorizes that attendance under subrule (25).

it was not reasonably practicable for that person to bring an application under subrule (25) at least 7 days before the date set for the mediation session, or

exceptional circumstances exist.

exempt a claim from the application of this rule if

exempt one or more of the parties from attending the mediation session if, in the judge's opinion, it is unfair or impractical to require the party to attend.

a family emergency renders the party unable to attend on the day set for the mediation session, or

the party is required to attend court on the day set for the mediation session.

the party who applied for the adjournment must give to the other parties whatever notice of the adjournment the registrar may order, and

the parties must jointly set a new date, satisfactory to the mediator, for the mediation session.

disclose the cost of the mediation services, and

contain a declaration by the parties signing the fee declaration that the costs of the mediation will be paid

in the fee declaration, or

if the parties who signed the fee declaration agree to a different basis for sharing that cost and that basis is included in the mediation agreement referred to in subrule (48) (b), on the basis included in the mediation agreement.

the mediator must

any one of the parties attending the mediation session may file the completed verification of default at the registry.

the defendant in the proceeding 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 claimant's claim, and

the registrar may make an order dismissing the claimant's claim.

in the case of a motor vehicle action in relation to which the defendant is insured, a verification of default may be filed in relation to the defendant if the insurer of the defendant did not

in the case of a motor vehicle action in relation to which the defendant is not insured, a verification of default may be filed in relation to the defendant if the defendant did not

in the case of a motor vehicle action in relation to which there is a third party insurer, a verification of default may be filed in relation to the defendant if the third party insurer did not

in any other case, a verification of default may be filed in relation to the defendant if the defendant did not

if the verification of default is filed in relation to a defendant who is named as a defendant on the notice of claim,

if the verification of default is filed in relation to a defendant to a counterclaim or a defendant to 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).

the mediator must complete a verification of default in accordance with the instructions on the form, and file the completed form at the registry, and

the registrar must make an order dismissing each disputed claim.

the reason for not attending the mediation session or for failing to sign the fee declaration;

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

the facts that support the claim or defence.

order that the disputed claims proceed to mediation on any terms the judge considers appropriate;

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

order that a settlement conference or trial be held;

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

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

to any mediation agreement or fee declaration made during or in connection with a mediation session,

to any threats of bodily harm made during or in connection with a mediation session, or

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

the mediator must complete a result of mediation form (Form 24) and file the completed form at the registry, and

the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement at the registry.

file an affidavit of non-compliance at the registry, and

after that, file a payment order at the registry for

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

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).

the mediator must complete a result of mediation form and file the completed form at the registry, and

after that, the registrar must set one of the following:

all issues are resolved, or

the mediator terminates the mediation.

the parties do not reach agreement at mediation on all the issues (see Rule 7.3 (52)),

Repealed. [B.C. Reg. 267/2018, s. 7 (b).]

an order is made under Rule 7 (14) (c.1) or 9.2 (13) (c), or

a settlement conference will not be held for a proceeding that was started by a notice of civil resolution tribunal claim (see Rule 7 (2.2)).

by filing a consent to change the date under Rule 16 (1), or

by applying to the registrar (see Rule 16 (3)) for an order changing the date of the trial conference and giving to the other party whatever notice of the application the registrar may order.

the registrar is satisfied that the original date is unreasonably inconvenient to the party, and

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 sent for the trial conference.

a family emergency renders the party unable to attend on the day set for the trial conference,

the party has a pre-arranged out-of-town commitment on the day set for the trial conference and that commitment cannot be changed due to travel requirements,

the party is required to attend court on the day set for the trial conference, or

the registrar otherwise determines that the date is unreasonably inconvenient to the party.

the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and

the registrar must promptly set a new date for the trial conference and serve a notice of trial conference (Form 32) on the parties specifying the new date, time and place for the trial conference.

complete a trial statement (Form 33) following the instructions on the form, and

file at the registry the trial statement with attached copies of all relevant documents.

the party,

a representative of the party if the party is not an individual,

a representative of an insurer if

a lawyer or articling student.

submit the report to the registry at least 14 days before the date of the trial conference, and

serve a copy of the report on the claimant at least 7 days before the date of the trial conference.

decide on any issues that do not require evidence;

mediate any issues being disputed;

make a payment order or other appropriate order in the terms agreed to by the parties;

discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;

order a party to produce any information in the manner the judge considers appropriate;

make an order respecting the evidence of experts, including

if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;

order

make an order respecting time limits for the conduct of all or part of a trial;

dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it

give a non-binding opinion on the probable outcome of the trial based on the materials before the judge at the trial conference;

order that a trial is to be attended by telephone, video conference or other means of electronic communication;

Repealed. [B.C. Reg. 244/2015, Sch. 2, s. 4.]

make any other order for the just, speedy and inexpensive resolution of the claim.

adjourn a trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;

order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;

dismiss that party's claim, counterclaim, reply or third party notice.

allow the claim, and

make a payment order or other appropriate order against that defendant or third party.

without any permission,

with the permission of a judge (see Rule 16 (7)), at any time after that.

file a copy of the revised document at the registry, and

before taking any other step in the claim, serve a copy of the revised document on each party to the claim.

may, by following subrule (3), change a reply already filed by that party, or

may rely on a reply already filed by that party.

filing a copy of the notice of withdrawal at the registry, and

promptly serving the notice on all the parties who were served with the claim, counterclaim, reply or third party notice.

by complying with subrule (2), and

by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change.

judgment has been granted,

the claim or counterclaim has been dismissed by a judge,

a default order has been issued by a judge or a registrar, or

the claim or counterclaim has been settled.

complete a summons to witness (Form 8), following the instructions on the form, and

serve a copy of the summons on the witness at least 7 days before the date the witness is required to attend.

reasonable estimated travelling expenses for a summons to appear in person, or

for a summons to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance.

attend court at the time and place stated on the summons, and

if the witness attends court in person, bring to court any records and other things required by the summons.

cancel the summons if

vary the summons to allow the witness to attend court by another method of attendance.

must direct the witness

may order

the summons was served on the witness,

the witness was offered

justice requires the presence of the witness.

a judge or justice may release the witness on conditions set by the judge or justice, or

a judge may order the witness to be detained until the witness's presence is no longer required.

the claim is made by way of a notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice and in respect of which

the amount claimed in the notice of claim or notice of civil resolution tribunal claim that started the proceeding is $10 000 or less (not including interest and expenses),

the amount claimed in any counterclaim is $10 000 or less (not including interest and expenses), and

one of the following applies in relation to the claim:

the claim is for damages for personal injury, or

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

the court file relating to the claim is transferred to another registry, or

the notice of claim, notice of civil resolution tribunal claim or reply is changed to increase the amount of the claim or counterclaim to more than $10 000, not including interest and expenses.

by complying with Rule 8 (2), and

by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change.

judgment has been granted,

the claim or counterclaim has been dismissed by a judge,

a default order has been issued by a judge or a registrar, or

the claim or counterclaim has been settled.

set the claim for trial under this rule, and

serve a notice of trial and blank trial statement (Form 33) on the parties to the claim at least 30 days before the date set for the trial.

by filing a consent to change the date under Rule 16 (1), or

by

a family emergency renders the party unable to attend on the day set for the trial,

the party has a pre-arranged out-of-town commitment on the day set for the trial and that commitment cannot be changed due to travel requirements,

the party is required to attend court on the day set for the trial, or

the registrar otherwise determines that the date is unreasonably inconvenient to the party.

the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and

the registrar must promptly set a new date for the trial and serve a notice of trial on the parties specifying the new date, time and place for the trial.

complete a trial statement (Form 33) following the instructions on the form, and

file at the registry the trial statement with attached copies of all relevant documents.

adjourn the trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;

order the trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance.

without complying with the formal rules of procedure and evidence, and

without limiting paragraph (a), in accordance with subrules (21) and (22) unless the adjudicator determines that there are reasons to conduct the trial with a formal examination and cross-examination of parties and witnesses.

review all documents filed by the parties;

determine whether the parties are able to settle the matter;

if the parties are able to settle the matter, make a payment order or other appropriate order in the terms agreed to by the parties.

at the beginning of the trial the adjudicator must have the parties take an oath or give an affirmation;

the adjudicator must ask the parties to state the facts related to the claim and file with the court any documents or other evidence on which the parties rely;

the adjudicator may allow a party to swear to the truth of the summary of facts set out in the party's filed trial statement;

the adjudicator must ask the parties to respond to each other;

the adjudicator may allow a party to call witnesses;

the adjudicator may receive evidence from an expert witness, or a witness with specialized knowledge, in the manner the adjudicator considers appropriate given the amount claimed and the complexity of the issues;

the adjudicator may allow a party or the party's lawyer or articling student to ask questions of another party or another party's witness;

the adjudicator may ask questions of the parties or other witnesses;

the adjudicator must allow a lawyer or articled student to make submissions for a party;

the adjudicator may receive evidence in any other way the adjudicator thinks is appropriate;

the adjudicator must review any relevant legislation and case law to which the parties refer;

the adjudicator may do one or more of the following:

extend the trial beyond the time scheduled unless, in the adjudicator's opinion, extending the trial will unreasonably interfere with the next scheduled matter, or

adjourn the remainder of the trial.

allow the claim, and

make a payment order or other appropriate order against that defendant or third party.

in court orally at the end of the trial or on a later date within 30 days after the end of the trial, or

in writing served on the parties within 30 days after the end of the trial.

the claim is made by way of a notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice and in respect of which

one of the following applies in relation to the claim:

the court file relating to the claim has not been transferred to another registry, and

the claimant is in the business of lending money or extending credit and the claim is for a debt that arises from a loan of money or the extension of credit in the course of that business.

set the claim for trial under this rule, and

serve a notice of trial on the parties to the claim at least 30 days before the date set for the trial.

by filing a consent to change the date under Rule 16 (1), or

by

a family emergency renders the party unable to attend on the day set for the trial,

the party has a pre-arranged out-of-town commitment on the day set for the trial and that commitment cannot be changed due to travel requirements,

the party is required to attend court on the day set for the trial, or

the registrar otherwise determines that the date is unreasonably inconvenient to the party.

the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and

the registrar must promptly set a new date for the trial and serve a notice of trial on the parties specifying the new date, time and place for the trial.

ask the parties to explain their cases, to respond to each other and to call witnesses, or

receive evidence in any other way the judge thinks is appropriate.

allow the claim, and

make a payment order or other appropriate order against that defendant or third party.

make a payment order;

dismiss the claim, counterclaim or third party notice;

if, in the judge's opinion, the claim cannot be decided at a trial under this rule,

ask the parties to explain their cases, to respond to each other and to call witnesses (see Rules 7 (15) (b) and 7.5 (15) (b)), or

receive evidence in any other way the judge thinks is appropriate (see Rules 7 (15) (b) and 7.5 (15) (b)).

the party serves a summary of the expert's evidence on all other parties at least 30 days before the expert is called to give evidence, or

a judge grants permission.

the party serves a copy of the report on all other parties at least 30 days before the report is introduced, or

a judge grants permission.

allow the claim, and

make a payment order or other appropriate order against that defendant or third party.

in court orally at the end of the trial or on a later date, or

in writing.

Rule 9.1 applies to the claim, or

the proceeding was started by a notice of civil resolution tribunal claim.

completing an offer to settle (Form 18), and

serving the party to whom the offer is made with the completed offer to settle as if it were a notice of claim (see Rule 2).

within 30 days after the conclusion of the settlement conference or the conclusion of a trial conference, whichever happens first, or

at a later time, if permitted by a judge.

complete an acceptance of offer (Form 19), and

within 28 days after being served with the offer, serve the party who made the offer with the completed acceptance as if it were a notice of claim (see Rule 2).

does not accept an offer to settle made by the defendant under subrule (1), and

is awarded at trial an amount, including interest and all expenses, that equals or is less than the defendant's offer.

the defendant does not accept an offer to settle made by the claimant under subrule (1), and

the claimant is awarded at trial an amount, including interest and all expenses, that equals or exceeds the claimant's offer.

the difference between the amount awarded at trial and the amount of the offer to settle,

the interest of the parties in proceeding to trial to determine the credibility of witnesses or a point of law, and

the time when the offer was made.

to the settlement conference judge, and

to the trial judge, but only after that judge has given a final decision on the amount to be awarded.

a claimant may not make an offer to settle except jointly to all defendants, and

a defendant may not make an offer to settle except jointly with all other defendants.

the third party must pay the amount of the offer into court, and

that amount may only be taken out of court by order of a judge or with the consent of all parties.

if the debtor requires time to pay, and

if so, when the debtor proposes to pay.

order a payment hearing, or

order a payment schedule.

a payment order in the amount agreed to plus expenses under Rule 20 (2) (a) and (b) and any interest the claimant is entitled to if

an order establishing a payment schedule if the defendant proposes or requests a payment schedule in the reply and the claimant consents to the order;

an order issuing a summons to a defendant to attend a payment hearing if a proposed payment schedule is not agreed to by the claimant.

ask the registrar to issue an order for seizure and sale under subrule (12);

ask for a payment hearing under Rule 12 (3);

ask a judge or registrar to issue a garnishing order under the Court Order Enforcement Act;

ask for a default hearing under Rule 13 (2), if the debtor defaults in making payments under a payment schedule;

enforce the order by any other means permitted by law.

completes the form, following the instructions on the form, and

files it at the registry, together with a copy of the relevant decision, certificate or order.

the balance of the money required to be paid under the payment order becomes due immediately, and

the creditor may collect the entire amount by taking any of the steps listed in subrule (11).

the creditor may take any of the steps listed in subrule (11), and

the debtor may ask for a payment hearing under Rule 12 (10).

the payment hearing has concluded, or

the summons has been withdrawn or cancelled.

assess the debtor's ability to pay, and

consider whether a payment schedule should be ordered.

requested by the creditor under subrule (3),

requested by the debtor under subrule (10), or

ordered by the judge under Rule 11 (5) (a).

a blank supporting materials cover sheet (Form 39);

a blank statement of finances (Form 40), unless the debtor is a corporation or a partnership.

cancel the summons if the person is not the right person to provide information on behalf of the debtor, and

direct the registrar to issue a new summons to someone who is the right person to provide the information.

a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

any other records or other things required by the summons;

any other records or other things on which the person intends to rely at the payment hearing.

file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

serve the revised statement of finances on the creditor.

a notice of payment hearing (Form 13);

a supporting materials cover sheet (Form 39), unless the debtor is a corporation or a partnership;

a statement of finances (Form 40), unless the debtor is a corporation or a partnership.

file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

serve the revised statement of finances on the creditor.

a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

any other records or other things required by the order;

any other records or other things on which the person intends to rely at the payment hearing.

file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

serve the revised statement of finances on the creditor.

the income and assets of the debtor;

the debts owed to and by the debtor;

any assets that the debtor has disposed of since the claim arose;

the means that the debtor has, or may have in the future, of paying the amount owed.

the date by which the debt must be paid, or

the amounts and dates of the instalments.

served with a summons to attend, or

present before a judge or justice when the judge or justice ordered the person to attend.

made in an order under Rule 7 (14) (c) (at a settlement conference),

made in an order under Rule 7.5 (14) (b) (at a trial conference),

made under Rule 11 (4) (at the trial),

made under Rule 12 (13) (at a payment hearing), or

changed under Rule 17 (3).

a blank supporting materials cover sheet (Form 39), and

a blank statement of finances (Form 40), unless the person being served is a corporation or a partnership.

a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

any other records or other things required by the summons;

any other records or other things on which the person intends to rely at the default hearing.

file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

serve the revised statement of finances on the creditor.

confirm the terms of a payment schedule or other order, or

change the terms of a payment schedule or other order in any manner that the judge thinks is fair to the debtor and the creditor.

the debtor has not obeyed a payment schedule, and

the debtor's explanation, or failure to give an explanation, of why the payment schedule has not been obeyed is considered by the judge to amount to contempt of court.

served with a summons to attend, or

present before a judge when the judge ordered the person to attend.

issue a receipt for the payment and then pay that amount to the creditor, and

if the debtor has not yet been arrested, cancel the warrant of imprisonment.

pays the amount stated in the warrant, or

shows a registrar's receipt for payment of the amount.

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

satisfies the registrar that their consent was given.

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

an order renewing a notice of civil resolution tribunal claim (see Rule 1.1 (17));

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

an order changing the date of a mediation session (see Rule 7.3 (30));

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

an order extending the time for filing a certificate of readiness (see Rule 1.1 (49) or 7 (10));

an order extending the time for filing a certificate of compliance (see Rule 1.1 (45);

an order changing the applicant's method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing (see Rule 17 (16.1) (a));

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

an order authorizing a person to attend a mediation session by telephone, video conference or other means of electronic communication (see Rule 7.3 (25));

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

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

an order permitting a claimant to serve a notice of claim or a notice of civil resolution tribunal claim by another method of service (see Rule 18 (8) (a) or (8.1) (a));

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

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

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

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

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 7.3 (40);

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

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

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

an order for a medical examination (see Rule 7 (12) or 7.5 (13.1));

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

an order exempting a disputed claim from the application of Rule 7.3 (see Rule 7.3 (29));

a mediation compensation order (see Rule 7.3 (50) (b));

Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 8 (b).]

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

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

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

an order cancelling a default order or dismissal order (see Rule 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;

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

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

Repealed. [B.C. Reg. 161/2022, s. 58 (b).]

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

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

Repealed. [B.C. Reg. 207/2025, App., s. 4 (a).]

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

an order changing a person's method of attendance at any of the following hearings (see Rule 17 (16.1) (b) and (c)):

an order changing the method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing, (see Rule 17 (16.1) (c)) for

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

an order correcting an accidental slip or omission in an order (see Rule 17 (14));

any other order that a judge has the power to make and for which notice to another party is not required.

may direct the applicant to serve the application under subrule (7.2) on a party or an affected person, and

may, without a hearing, make an order respecting a person's method of attendance at the hearing.

how, and by what date, to submit and serve any records and other things, if the party or witness will not be attending in person, and

where or how to attend, including by providing a telephone number or video conferencing information, if applicable.

all the parties agree, or

the registrar is satisfied that the application is urgent.

file at the registry any documents on which the person intends to rely at the hearing, with a supporting materials cover sheet (Form 39), and

serve the documents on each party that would be affected by the order requested and on each affected person.

all the parties agree, or

the registrar is satisfied that the application is urgent.

all parties who did not attend the hearing of the application or did not receive notice of the application, and

if the application was about a witness and if the witness did not receive notice of the application, the witness.

the person against whom the tribunal small claim or the tribunal accident claim is made lives or carries on business, or

the transaction or event that resulted in the matter brought before the civil resolution tribunal took place.

all initiating notices received by the applicant;

all responses under section 7 of the Civil Resolution Tribunal Act received or made by the applicant.

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

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

the order was made

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

to a specified date,

to a date to be set by the registrar, or

without setting a date.

under subrule (5), Rule 4 (7), Rule 7.5 (15), Rule 9 (6), Rule 9.1 (19), (22) (l) (i) or (24) or Rule 17 (16.3), or

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

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

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

the period of 14 days after the granting of the postponement or adjournment, or

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

dismiss the claim if that party is the claimant,

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

make any other order the judge thinks is fair.

if a judge orders otherwise, or

as provided in Rule 16 (11) and Rule 17 (8).

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

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

to a registrar under Rule 16 (1) or (3) to change the applicant's own method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing;

to a judge or justice under Rule 16 (7.2) to change the applicant's own method of attendance at a payment hearing;

to a judge under Rule 16 (7.2)

Rule 10-1 [Detention, Preservation and Recovery of Property];

Rule 10-3 [Interpleader];

Rule 13-2 (4) (only as to writs of delivery) and (7) [Enforcement of Orders];

Rule 20-2 [Persons Under Disability], except Rule 20-2 (4);

Rule 20-2 (4) (only as to personal injury cases).

if the party is a corporation, by a director, officer or authorized employee,

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

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

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

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

an order under section 76 of the Offence Act;

Repealed. [B.C. Reg. 267/2018, s. 14.]

a decision or order of the director under section 85 of the Residential Tenancy Act;

a decision or order of the director under section 78 of the Manufactured Home Park Tenancy Act;

a restitution order under section 741 of the Criminal Code.

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

the filing relates to more than one claim;

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

applicable registry services fees have not been paid;

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

the filing is incomplete;

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

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

by mailing a copy of it by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies, or

by leaving a copy of it

in accordance with section 176 of that Act,

by mailing a copy of it by registered mail to the mailing address for an attorney, referred to in section 170 of that Act, of the extraprovincial non-share corporation on file with the Registrar of Companies, or

if neither paragraph (a) nor (b) of this subrule applies, by following subrule (3) (b) (ii).

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

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

the person is

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

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

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

by leaving a copy of it

permit another method of service to be used, and

set the time limit for filing a reply.

permit another method of service to be used, and

set the time limit for filing a reply.

orders otherwise, or

orders notice to be given by advertisement.

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

by mailing it by ordinary mail to the person's address, unless the document, record or other thing is

by emailing it to the person's email address for service, unless the document is a notice of claim, a notice of civil resolution tribunal claim, a third party notice or a summons to a payment hearing, to a default hearing or to a witness (see Rules 1.1 (10) to (17), 2, 5 (4), 9 (1), 12 (7) and 13 (5)).

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

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

for service by ordinary mail, a certificate of service (Form 4), with a copy of the document, record or other thing attached;

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

for personal service on a lawyer or articled student, a copy of the document, record or other thing signed by the lawyer or student or by a partner or employee of the firm;

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

an address for personal service that must be

an address for service by mail or email that must be

if the document is transmitted before 4 p.m. on a business day, the document is deemed to be served on the day of transmission;

if the document, record or other thing is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document, record or other thing is deemed to be served on the next business day.

did not come to the person's notice,

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

was incomplete or illegible.

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

refuses to produce a record or other evidence,

does not obey a direction of the judge, or

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

the claimant or applicant,

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

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

the defendant or a third party,

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

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

any fees the party paid for filing any documents;

reasonable amounts the party paid for serving any documents, records or other things;

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

not in the form required by these rules, or

not completed according to the instructions on that form.

a reference to Form 119 in Rule 23-3 (6) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to Form 28 of these rules, and

a reference to affidavits in Rule 23-3 (11) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to exclude reference to affidavits of service under these rules.