This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

Court Rules Act and Small Claims Act
SMALL CLAIMS RULES

Schedule A

[en. B.C. Reg. 74/98; am. B.C. Regs. 10/2003, s. 2; 172/2003, s. 8; 458/2004; 459/2004.]

Fees

You must pay these amounts for the following services:

Registry Services

$

1

For filing a notice of claim

(a) for claims up to and including $3 000
(b) for claims over $3 000

 

100
156

2

For filing a reply, unless the defendant has agreed to pay all of the claim

(a) for claims up to and including $3 000
(b) for claims over $3 000

 

26
50

3

For filing a counterclaim or a revised reply containing a new counterclaim

(a) for counterclaims up to and including $3 000
(b) for counterclaims over $3 000

 

100
156

4

For filing a third party notice

25

5

For filing an application for a default order

25

5.1 For returning confirmation of acceptance or refusal of a filing transmitted to a fax filing pilot project registry by fax, by mail or fax 10
5.2 For filing a request for judgment or for dismissal 25
5.3 For filing an application for a mediation compensation order 25

6

For a search of a record, other than

(a) an electronic search conducted from outside the registry, or
(b) a search of a record of a proceeding by

(i) a party to that proceeding, or
(ii) the party's solicitor

8

6.1 For returning, by fax or mail, the results of a search of an existing case, the aggregate of the following:

(a) fee for service
(b) cost per page faxed or mailed

 

10
1

6.2 For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query 6

7

For copies, per page

1

8

For a certified copy of a record

(a) for 10 pages or less
(b) for each additional page over 10 pages

 

21
6

9

For a certificate of judgment or any other certificate

30

10

For filing a certified copy of an order

(a) from another registry of the court, except for a Restitution Order made under the Criminal Code
(b) of an arbitrator under the Residential Tenancy Act

 

21
21

11

For taking or swearing an affidavit for use in the court, except for taking or swearing an affidavit in the course of a person's duties as a peace officer or as an agent or officer of British Columbia or an affidavit of non-compliance under Rule 7 (20)

 
31

12

For issuing a garnishing order

40

13

Repealed. [B.C. Reg. 10/2003, s. 2 (c).]  

14

For resetting a trial or hearing with less than 30 days' notice before the date of the proceeding as set on the trial list, unless the matter must be reset due to the unavailability of a judge

100

Sheriff Services

15

For personal service by the sheriff

(a) for receiving, filing, personally serving one person, and returning the document together with a certificate or affidavit of service or attempted service
(b) for each additional person served at the same address
(c) for each additional person served not at the same address

  

100

20
30

16

For

(a) receiving, filing, serving one person by registered mail and returning the document together with a certificate of service or attempted service
(b) each additional person served by registered mail at the same address

 


20
10

17

For enforcing orders for seizure and sale

(a) for each order
(b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
(c) as commission on the sum realized, or on the sum settled for, as the case may be, after deducting disbursements properly incurred
(d) the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so

 

70
45
10%

18

In lien and recovery actions,

(a) for enforcing a lien other than a repairer's lien, or for recovering goods, if the enforcement or recovery is completely or partly accomplished
(b) for attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved

 

75
45

19

In respect of items 17 and 18, for each kilometre travelled

0.45

20

For a search, including a certificate of result

5

21

For taking or swearing an affidavit for use in the court, except for taking or swearing an affidavit in the course of a person's duties as a peace officer or as an agent or officer of British Columbia

30

22

All disbursements properly incurred to carry out items 15 to 21

 

Despite anything in this schedule, if, after consultation with the Chief Judge, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 6, 6.1, 6.2 and 7 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.


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