British Columbia Small Claims: $5,000 Online, $35,000 in Court, and No Lawyer's Bill

Where does a $5,000 claim go in BC, and where does $35,000 go?

British Columbia splits small claims between two bodies. The Civil Resolution Tribunal is an online tribunal that, since 1 June 2017, decides most claims for debt or damages, recovery of personal property and related relief up to a maximum tribunal small claim amount of $5,000, excluding interest and expenses (Civil Resolution Tribunal Act, s. 118(1); Tribunal Small Claims Regulation, B.C. Reg. 232/2018, s. 3). The Small Claims Court is the small claims side of the Provincial Court of British Columbia, and hears claims up to $35,000, excluding interest and costs (Small Claims Act, s. 3(1); Small Claims Court Monetary Limit Regulation, B.C. Reg. 179/2005, s. 1).

The two limits interlock. The Provincial Court's jurisdiction is expressly subject to the CRT's (Small Claims Act, s. 3(3)), so a $4,000 unpaid invoice cannot simply be filed in court instead of at the tribunal. A claimant just above a limit may reduce the claim to fit: s. 118(2) of the CRT Act allows it at the tribunal, and Small Claims Rule 1(4) to (6) allows a claimant to abandon the amount over $35,000, after which the abandoned part can never be sued for.

How much does it cost to file a small claim in BC?

At the CRT, the fee depends on the amount and on how you file. Making a small claim of $3,000 or less costs $75 online or $100 by email or mail; a claim of $3,001 or more costs $125 online or $150. Responding to a claim is free online. If the dispute reaches a tribunal member, a final decision costs $50; a default order costs $25 online. If the parties settle in the negotiation phase, the CRT says it can refund the application fee.

In Small Claims Court, the fees are fixed in Schedule A to the Small Claims Rules, last amended on 4 May 2026. Filing a notice of claim costs $100 up to $3,000 and $156 above $3,000; a defendant's reply costs $26 or $50. Personal service by the sheriff costs $100 for the first person. Anyone who cannot afford registry fees can apply to be exempted (Rule 20(1)), and the CRT offers a fee waiver to individuals on low income.

Can you bring a lawyer to the Civil Resolution Tribunal?

Usually not. Section 20(1) of the CRT Act says the parties are to represent themselves. A lawyer or another person may act only if the party is a child or has impaired capacity, the tribunal's rules permit it, or the tribunal allows it in the interests of justice and fairness, for example because the other side is represented or both sides agree (s. 20(2) and (3)). A company acts through a director, officer, partner or another individual the rules or the tribunal permit (s. 20(5)).

That does not stop you taking legal advice in the background. What changes is who speaks. A CRT proceeding has two phases: a case management phase, in which a case manager helps the parties negotiate and narrow the dispute, and a tribunal hearing phase, in which a tribunal member decides it (s. 17(1)). The process is written and online, so most of the work is a clear account of what happened, supported by documents.

Can you challenge a CRT small claims decision?

Only narrowly. Until 2022 a party unhappy with a CRT small claims decision could file a notice of objection and start again in the Provincial Court. That route was repealed (CRT Act, ss. 56.1–56.4), and the CRT confirms it is not available for decisions given on or after 1 July 2022. The remaining option is judicial review in the Supreme Court of British Columbia, which must be started within 60 days of the decision (s. 56.6(1)), although the court can extend that time.

Judicial review is not a rehearing. The court asks whether the tribunal's decision was lawful and reasonable, not whether it would have decided differently. For a $3,000 claim, the cost of a Supreme Court application will often exceed the amount at stake, so treat the CRT decision as the end of the road and put your full case in the first time.

How does a Small Claims Court case move from claim to trial?

The Small Claims Rules (B.C. Reg. 261/93) set a short, practical sequence. Forms can be filed in person, by mail or electronically through Court Services Online, and the government's Filing Assistant generates the forms from your answers.

Who pays the costs if you lose in BC Small Claims Court?

Less than in most courts. Section 19(4) of the Small Claims Act says the Provincial Court must not order one party to pay the other party's lawyer's fees. A party who hires a lawyer for a $30,000 claim pays that lawyer whether they win or lose. What the loser does pay, unless the judge or registrar orders otherwise, are the winner's filing fees, reasonable service costs and other reasonable expenses directly related to the case (Rule 20(2)).

There is one sharper risk. If a party makes a claim, counterclaim or reply and goes all the way through trial with no reasonable basis for success, the judge may order that party to pay the other up to 10% of the amount claimed (Rule 20(5)). On a $35,000 claim that is up to $3,500. The judge can also make a party or witness pay expenses their conduct needlessly caused (Rule 20(6)).

Can you appeal a Small Claims Court judgment?

Yes, and either side can. Any party may appeal to the Supreme Court of British Columbia from an order allowing or dismissing a claim made by a Provincial Court judge after a trial (Small Claims Act, s. 5(1)). No appeal lies from other orders, such as a default order (s. 5(2)); the remedy there is an application to cancel it (Rule 17(2)). The appeal must be started within 40 days, counting from the day after the order (s. 6).

An appeal has a price of entry. When the notice of appeal is filed, the appellant must deposit $200 as security for costs, and, if the order requires the appellant to pay money, the full amount of the judgment as well (s. 8(1) and (2)). The Supreme Court can reduce the deposit on an application filed within the 40 days (s. 8(3) and (4)).

How do you enforce a CRT order or a court judgment?

A CRT decision is not self-executing. To enforce a small claims order, you file a validated copy of it in the Provincial Court (CRT Act, s. 58.1), and collection then runs through that court. The CRT charges $30 to validate a copy, and the court registry charges $21 to file it (Schedule A, item 10(c)).

From there, the tools are the same as for a court judgment. At trial the judge makes a payment order and may set a payment schedule if the creditor agrees or after a payment hearing (Rule 11(1) to (5)). While the debtor keeps to the schedule, the creditor cannot take other collection steps (Rule 11(6)); if the debtor misses a payment, the whole balance becomes due at once (Rule 11(14)). A garnishing order costs $40 to issue.

How long do you have to sue in British Columbia?

Two years. Under s. 6(1) of the Limitation Act, a court proceeding must not be started more than 2 years after the day the claim is discovered, and in any case not more than 15 years after the act or omission it is based on (s. 21(1)). For an unpaid invoice, discovery is usually the day payment was due and did not arrive. A claim brought a day late fails however strong it is.

Before you file, run through the checklist below. Most small claims are lost not on the law but on a missing document, a wrong defendant name or a deadline.