BC Small Claims Court hears most claims from $5,001 to $35,000. Here is what happens after the notice of claim and reply: the settlement conference, mediation for larger claims, the trial itself, and the payment hearing if money is owed.
Small Claims Court is designed so that people can bring or defend a claim without a lawyer, but the process still has stages, deadlines and rules about evidence. Knowing what each step involves helps you prepare, and decide where advice or representation is worth it.
This article follows a typical BC small claims case after the notice of claim has been filed and answered, from the settlement conference to trial and, if money is ordered, the payment hearing.
Which claims go to Small Claims Court
Under section 3 of the Small Claims Act, the Provincial Court can hear claims for debt or damages, recovery of personal property, and certain disputes about personal property or services, up to an amount set by regulation. That amount is $35,000, not counting interest and costs. The court cannot hear claims for libel, slander or malicious prosecution.
Most claims of $5,000 or less go to the Civil Resolution Tribunal first, not Small Claims Court. Our article on choosing between the CRT, Small Claims and Supreme Court explains where a dispute belongs. This article focuses on claims above that level.
A case starts when the claimant files and serves a notice of claim. A defendant generally has 14 days after service to file a reply if served in BC, or 30 days if served outside BC. If you have just been served, see our article on replying to a small claims notice.
The settlement conference
For most claims started in Small Claims Court, Rule 7 of the Small Claims Rules requires a settlement conference before a trial date is set. It is an informal meeting with a judge, and many are held remotely.
Before the conference
The registry serves a notice of the settlement conference at least 28 days ahead. Each party must submit all relevant documents and reports to the registry at least 14 days before the conference and serve them on the other parties at least 7 days before.
Who must attend
All parties must attend and have authority to settle the claim. A lawyer may come with you. If a party does not attend, the judge may dismiss the claim or make a payment order against that party.
What the judge can do
The judge can mediate the issues, decide points that do not need evidence, record a settlement as an order, and set a trial date if one is needed. The judge can also order a party to produce documents, discuss what evidence will be needed at trial, and dismiss a claim or reply that has no reasonable grounds or discloses no triable issue. A party who arrives unprepared can be ordered to pay the other side's reasonable expenses.
Many cases settle at this stage, so treat it seriously. Bring your documents, a short summary of your case and a realistic view of what you would accept.
Mediation for claims over $10,000
For claims of more than $10,000 and up to $35,000, Rule 7.3 lets any party start a formal mediation by filing and delivering a notice to mediate. A mediation session is a meeting of about two hours with a neutral mediator who has no power to decide the case. If the parties do not reach agreement on every issue, the claim moves on to a trial conference with a judge before a trial date is set.
The trial
Under Rule 10, a small claims trial is less formal than a Supreme Court trial. The judge can ask each side to explain its case, respond to the other and call witnesses, and is not bound by the formal rules of procedure and evidence. Oral evidence is given under oath or affirmation.
Preparation still matters:
- Witnesses. Arrange for anyone with first-hand knowledge to attend. A witness who will not come voluntarily can be served with a summons at least 7 days before they must attend, with an offer of reasonable travel expenses.
- Opinion evidence. If you want to rely on a professional's opinion, such as an engineer or appraiser, you must serve a summary of their evidence or their report on the other parties at least 30 days before trial, unless the judge allows otherwise.
- Repair estimates. Estimates of repair costs or property value must be served on the other parties at least 14 days before trial, unless a judge orders otherwise.
- Attendance. If a defendant does not attend, the judge may allow the claim. If the claimant does not attend, the judge may dismiss it.
The judge gives a decision orally, at the end of the trial or on a later date, or in writing.
Offers to settle
Rule 10.1 allows a party to make a formal written offer to settle. If the other side rejects it and the trial result is no better for them than the offer, the judge may order a penalty of up to 20% of the offer. A well-timed offer can shift the risk of going to trial.
Payment orders and payment hearings
If the judge decides one party must pay the other, a payment order is made at the end of the trial. Under Rule 11, the judge asks whether the debtor needs time to pay. If the creditor agrees with the debtor's proposal, the judge can order payment by a set date or by instalments. If not, the judge can set a payment schedule or order a payment hearing. While the debtor keeps to a payment schedule, the creditor cannot take other collection steps.
Under Rule 12, a payment hearing is held to assess the debtor's ability to pay and decide whether a payment schedule should be ordered. Either side can ask for one. The debtor usually must file a statement of finances, and the judge can hear evidence about the debtor's income, assets, debts and any assets disposed of since the claim arose. A person who was served with a summons and does not attend can face a warrant for their arrest if the creditor asks.
If payments still do not arrive, other enforcement steps are available; see our article on enforcing a judgment in BC.
Appeals and costs
A party can appeal a trial decision to the BC Supreme Court. Under section 6 of the Small Claims Act, the appeal must be started within 40 days, beginning on the day after the order is made. The Act allows no appeal from other orders, such as those made at a settlement conference.
Keep costs in mind from the start. The Province's guidance notes that lawyer fees cannot be added to a small claims judgment, so the cost of representation is usually your own. Many people use legal help selectively: to assess the claim, prepare for the settlement conference, draft an offer to settle or present the case at trial.
Facing a small claims case? Get help where it counts
Our litigation lawyers can assess your claim or defence, help you prepare documents and evidence for the settlement conference and trial, draft offers to settle, and represent you in court.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- Small Claims Act, RSBC 1996, c 430 (BC Laws, current to October 6, 2026) — Small Claims Act, RSBC 1996, c 430, ss 3, 5, 6 (checked October 13, 2026)
- Small Claims Court Monetary Limit Regulation, BC Reg 179/2005, s 1 (BC Laws, current to October 6, 2026) — Small Claims Court Monetary Limit Regulation, BC Reg 179/2005 (checked October 13, 2026)
- Small Claims Rules, BC Reg 261/93 (BC Laws, current to October 6, 2026) — Small Claims Rules, BC Reg 261/93, Rules 3, 7, 7.3, 9, 10, 10.1, 11, 12 (checked October 13, 2026)
- Government of British Columbia, "What is small claims?" — What is small claims? (Province of British Columbia) (checked October 13, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.