Small Claims Court in BC: A Newcomer's Guide to Resolving Disputes
By WelcomeAide Team
Quick Summary
- Most small disputes in BC start at the Civil Resolution Tribunal (CRT), an online process
- The CRT handles claims up to $5,000 and most strata (condo) disputes
- BC Small Claims Court handles claims from $5,001 to $35,000
- You can represent yourself without a lawyer in both the CRT and Small Claims Court
- Common disputes include landlord issues, consumer complaints, and unpaid debts
Understanding Dispute Resolution in British Columbia
As a newcomer in British Columbia, you may eventually face a situation where someone owes you money, a landlord refuses to return your damage deposit, or a business fails to deliver what you paid for. Knowing how to resolve these disputes is an important part of settling in Canada. The legal system in BC provides accessible options for resolving small claims without needing an expensive lawyer.
This guide explains the two main systems for resolving small disputes in BC: the Civil Resolution Tribunal (CRT) and the Small Claims Court. Both are designed to be accessible to regular people, and you can represent yourself in both. If you are a newcomer to Canada, understanding these systems will help you protect your rights and your money.
The Civil Resolution Tribunal (CRT)
What Is the CRT?
The Civil Resolution Tribunal is Canada's first online tribunal. It is a fast, affordable, and mostly online process for resolving certain types of disputes in BC. The CRT was created to provide an alternative to going to court, which can be slower and more expensive.
The CRT handles the following types of disputes:
- Small claims up to $5,000 (debt, damages, personal property)
- Strata property (condo) disputes of any amount
- Motor vehicle accident claims up to $50,000
- Societies and cooperative associations disputes
You can start a CRT claim at civilresolutionbc.ca. The entire process can be completed online, from filing your claim to receiving a decision.
How the CRT Process Works
- Solution Explorer: Before you can file a claim, the CRT requires you to use their free Solution Explorer tool. This tool helps you understand your legal rights and may suggest ways to resolve your issue without filing a claim.
- Negotiation: If you file a claim, the CRT first gives both parties a chance to negotiate a resolution directly through the CRT's online platform.
- Facilitation: If negotiation fails, a CRT facilitator (similar to a mediator) helps both parties try to reach an agreement.
- Adjudication: If facilitation does not resolve the dispute, a CRT tribunal member reviews the evidence and makes a binding decision.
Tip:
The CRT process is designed to be user-friendly. You do not need a lawyer, and most steps happen online at your own pace. If English is not your first language, you can use translation tools or ask a settlement worker to help you navigate the platform. The CRT also provides information in multiple languages on their website.
CRT Fees
CRT fees are significantly lower than court fees:
- Applying to the Solution Explorer: Free
- Filing a claim (under $3,000): $75
- Filing a claim ($3,000 to $5,000): $125
- Filing a strata dispute: $225
If you cannot afford the fees, you can apply for a fee waiver. The CRT will consider your financial situation and may waive or reduce the fee.
BC Small Claims Court
When to Use Small Claims Court
If your claim is between $5,001 and $35,000, you need to file in BC Small Claims Court rather than the CRT. Small Claims Court is a division of the Provincial Court of British Columbia and is designed to be more informal and accessible than the Supreme Court.
Small Claims Court handles disputes involving:
- Debt or money owed to you
- Damage to your property
- Breach of contract (someone did not fulfill an agreement)
- Recovery of personal property
- Some specific claims under consumer protection legislation
Filing a Small Claims Court Claim
- Complete a Notice of Claim form, available at any Provincial Court registry or online
- File the form at the court registry closest to where the defendant lives or where the dispute occurred
- Pay the filing fee: $100 for claims under $10,000 or $156 for claims of $10,000 to $35,000
- Serve the Notice of Claim on the defendant (deliver it to them according to court rules)
- The defendant has 14 days to file a Reply
The Settlement Conference
Before going to trial, the court schedules a settlement conference. This is a meeting with a judge who tries to help both parties reach an agreement. Settlement conferences resolve many cases without the need for a trial. Come prepared with your documents and a clear understanding of what you want.
The Trial
If the settlement conference does not resolve the dispute, the case goes to trial. Small Claims Court trials are less formal than other courts. You present your evidence, tell your side of the story, and the judge asks questions. The other party does the same. The judge then makes a decision, usually within a few weeks.
Did you know?
In BC Small Claims Court, each party generally pays their own costs, regardless of who wins. This means that even if you win your case, the other side will not usually be ordered to pay your expenses for bringing the claim. This is different from higher courts where the losing party often pays the winner's legal costs.
Common Disputes for Newcomers
Landlord and Tenant Disputes
Many newcomers rent their homes, and disputes with landlords are common. Issues like withheld damage deposits, illegal rent increases, and maintenance problems are handled through the Residential Tenancy Branch (RTB), not the CRT or Small Claims Court. The RTB has its own dispute resolution process.
However, if your landlord-tenant dispute involves a claim for damages beyond what the RTB can handle, or if the dispute involves a situation not covered by the Residential Tenancy Act, you may need to go to the CRT or Small Claims Court. If you are renting as a newcomer, understand your rights under BC tenancy law.
Consumer Complaints
If a business sold you a defective product, did not deliver a service you paid for, or engaged in misleading advertising, you may have a consumer complaint. Before filing a CRT or court claim, try to resolve the issue directly with the business. If that fails, you can file a complaint with Consumer Protection BC or proceed with a CRT claim.
Unpaid Wages
If an employer owes you wages, overtime, or vacation pay, your first step should be to file a complaint with the BC Employment Standards Branch. This is a free process. If you have already obtained an Employment Standards determination and the employer has not paid, you can enforce it through the courts.
Preparing Your Evidence
Whether you are going to the CRT or Small Claims Court, strong evidence is essential. Here is what to gather:
- Contracts and agreements: Any written agreements related to the dispute
- Receipts and invoices: Proof of payments you made
- Photographs: Pictures of damaged property, defective products, or the condition of a rental unit
- Communications: Emails, text messages, and letters between you and the other party
- Witness statements: Written statements from people who observed the situation
- Expert reports: If relevant, such as a mechanic's assessment of vehicle damage
Important:
Keep copies of everything. Never submit your only copy of a document to the court or the CRT. Organize your evidence chronologically (in date order) and label each document clearly. Good organization makes a strong impression on judges and tribunal members.
Representing Yourself
Both the CRT and Small Claims Court are designed for people to represent themselves without a lawyer. In fact, in the CRT, lawyers are generally not allowed unless both parties agree or the tribunal permits it. In Small Claims Court, you can bring a lawyer, but it is not required and most people do not.
Tips for Self-Representation
- Be organized: Present your case clearly and in order
- Be respectful: Address the judge as "Your Honour" and the tribunal member by their title
- Be honest: Do not exaggerate or leave out important facts
- Be concise: Stick to the relevant facts and avoid long personal stories
- Prepare your questions: If you need to question the other party, write your questions in advance
- Practice: Rehearse presenting your case to a friend or family member
Free Legal Resources in BC
Even if you represent yourself, you can get free legal information and guidance:
- People's Law School: Free legal information at peopleslawschool.ca
- Access Pro Bono: Free legal advice clinics across BC at accessprobono.ca
- Legal Services Society (Legal Aid): Free legal help for eligible low-income individuals at lss.bc.ca
- Courthouse Libraries: Free access to legal resources and librarians who can help you find information
- Settlement agencies: Organizations like MOSAIC and ISSofBC may offer legal information sessions for newcomers
Dispute Resolution Checklist
- Try to resolve the issue directly with the other party first (in writing)
- Document everything: Save all communications, receipts, photos, and contracts
- Determine the value of your claim to know whether to use the CRT or Small Claims Court
- Check if another tribunal handles your issue (RTB for tenancy, Employment Standards for wages)
- Use the CRT Solution Explorer before filing a CRT claim
- File your claim within the limitation period (generally 2 years from when the issue occurred)
- Serve documents properly on the other party
- Prepare and organize your evidence before any hearing
- Consider free legal resources for guidance before your hearing
- Attend all scheduled dates - missing a hearing can result in your case being dismissed
How WelcomeAide Can Help
Navigating the legal system in a new country can be intimidating, but you have rights and there are accessible processes to protect them. WelcomeAide's programs help newcomers understand their legal options and access dispute resolution services.
Our multilingual AI chat assistant can help you understand the CRT process, Small Claims Court procedures, and your rights as a consumer or tenant in your preferred language. Learn more about our mission, see our impact, or read more settlement guides on our blog.
Do not let a dispute go unresolved because the process seems confusing. BC's dispute resolution systems are designed for regular people, and you have every right to use them to protect yourself and your family.