Going to trial in small claims court is like a “light” version of other kinds of courts. There’s some formality, but it’s less intimidating.
At a trial, the parties present evidence and a judge decides the case. If you’re going to trial in small claims court, learn how to prepare and what to expect. (If you’re the defendant, see being sued in small claims court.)
What you should know
First and foremost, you have to file a notice of your claim. You must use the correct court form, file it at the courthouse (either where you live or where the event leading to the claim took place), and “serve” the claim on the other side. (That is, give it to them directly.) See how to start a lawsuit in small claims court.
In a small claims court lawsuit, if the claim is over $10,000, either party can compel the other to attend a mediation to attempt to settle the case.
The process is started with a document called a notice to mediate (form 29 on the BC government court forms website). Either party can take this first step. They fill out the notice, file it, and deliver a copy to the other parties in the case.
Together, the parties choose a mediator. (If they can’t agree on one, a mediator can be appointed.) The mediator organizes a mediation session, where they help the parties find a solution that satisfies everyone. Unlike a judge, a mediator does not have the power to decide the case. The case settles only if all parties to the dispute agree to a settlement.
The parties share the cost of the mediation. If an agreement to settle the case is reached, the agreement can be filed with the court. Check out the provincial government website for more information and Q&A on the mediation process.
“I was a bit annoyed to learn we had to do a settlement conference before the trial. I knew I had a good case and the other side had refused to communicate with me at all up to this point. But I was pleasantly surprised. The judge at the settlement conference didn’t take sides, listened attentively, and gave us their best guess as to who might come out ahead at the trial. It made us both realize the risks involved in going further, and we ended up settling the case. I got less money than what I sued for, but the headache of all this was over sooner than expected.”
– Andrea, Pitt Meadows, BC
At a settlement conference, which is often mandatory, the parties meet with a judge to explore settling the case before a trial. The court registry will tell the parties the date and time for the conference. All parties must attend. The parties must bring any documents they plan to use at trial to prove their case.
The judge who attends the settlement conference isn’t necessarily the same judge who will hold the trial, if the case goes that far. The purpose of the conference is to encourage settlement of the case, and if settlement isn’t possible, to help the parties prepare for trial. The judge will not make a final decision or settle the case for the parties. The judge guides the discussion and gives their opinion of the case.
If the parties agree to settle the case, the judge can put the agreement into an order. That ends the lawsuit.
Even if the parties don’t solve their issues at the settlement conference, it doesn't mean they have to go to trial. Within 30 days after the settlement conference, either party can make a written offer to settle.
To do so, use form 18 on the BC government website, filling out the details of your settlement offer. File the offer with the court and serve it on the other party, either personally or by registered mail.
The other party has 28 days to accept the offer. The system favours acceptance of a reasonable offer. If the other party doesn’t accept your offer, and the outcome at trial is much the same as the offer, the judge can impose a penalty on the other party of up to 20% of the amount you offered.
Some registries in the province have streamlined trial procedures for smaller claims and certain financial claims.
For example, In Vancouver and Richmond, most claims under $10,000 go straight to a simplified trial. This is a one-hour streamlined trial before an experienced lawyer who is a justice of the peace. There is no settlement conference.
Preparing for trial
“I’m glad I didn’t leave it all to the last minute — there was a lot to do to get ready for the trial. Beyond just practicing my speaking points and making notes to bring, I also had to prepare my witnesses so that I wouldn’t be surprised by their testimony, and make sure they arrived on time and to the right place. Being prepared made everything much less stressful.”
– Amar, Vancouver, BC
Small claims court cases are decided on a balance of probabilities. You must convince the judge that your version of the events is likely true (at least more likely than the other side’s version). You need evidence to do that — including physical evidence, such as invoices or contracts, or evidence given by witnesses.
If you have documents in support of your story
For any documents you plan to use at trial, make at least three copies. You’ll need to bring the original as well as the copies to court.
You’ll want to think about what witnesses you will need to support your case. At the trial, your witnesses can tell the court (testify) about what they saw and heard. Make sure your witnesses come on the right day and at the right time. Spend some time in advance preparing with them — let them know what questions you’ll ask and learn how they plan to answer them.
If a witness refuses to come to the trial or you’re not sure they’ll come, you can serve a summons to witness (form 8 on the BC government site). The form tells you how to deliver the summons to the witness. The witness must receive the summons at least seven days before trial.
You can use a written estimate for the repair of damage or value of property, without having the person who gave you the estimate come to court. If you’re going to use a written estimate, you must serve the other party with a copy of the estimate at least 14 days before the trial.
Expert witnesses can support your case with an informed opinion. If you intend to have an expert testify at trial — such as a doctor for an injury claim — you need to give the other party a heads up. You must give them a summary of the expert’s evidence at least 30 days before the expert testifies.
If you want to use only a letter or written report from an expert, you must give the other side a copy of that report, together with a statement of the expert’s qualifications, at least 30 days before the trial. Then, if the other side wants to ask your expert questions at trial (cross-examine the expert), they must let you know at least 14 days before the trial. If they do, your expert must attend the trial in person.
You must offer to pay reasonable travel expenses for your witnesses to attend trial. You will also have to pay fees and expenses for any expert witness. You should figure out how much they will be before deciding whether you need the expert at trial. Some experts, especially professionals like doctors and engineers, charge a lot.
On the day of trial, you’ll be asking questions of your witnesses, giving your own summary of the events, responding to the judge’s questions, and providing concluding remarks. There will be a lot of talking. So practice! Write it out beforehand. Do a mock trial with a close friend. Say things out loud in front of the mirror. And bring your notes to the trial. Doing so will help calm any nerves on the big day.
Watch another trial beforehand
Courts are open to the public. You can go in any day and just sit down and watch. Doing so before your trial can help with putting your own case forward. Try to watch several cases, as each one is different.
At the trial
You’re an insider now.
Small claims trials are one of the few situations where somebody without legal training gets to step into the shoes of a courtroom lawyer. It can be exciting, but also intimidating. So be comfortable with some of the uncertainty that comes with it.
On your trial date, arrive early.
In the courtroom, everyone stands when the judge enters or leaves the courtroom. You must stand whenever you are speaking to the judge or the judge is speaking to you. The judge is called "Your Honour."
Small claims court does not follow the strict rules of evidence used in BC Supreme Court. The judge will decide what rules and procedures to follow. A lot depends on the personal style of the judge and also on the judge's assessment of what procedure will allow the parties to present their cases easily and fairly.
The party bringing the lawsuit, the claimant, speaks first. They may start with an opening statement, telling the judge briefly what their case is about.
Next, the claimant presents their evidence. They may start by giving their own testimony. This is where they tell the judge their story of what happened, and provide any documents that support their case. As with any witness, the claimant must swear an oath or affirm to tell the truth.
After, the defendant can ask the claimant questions (cross-examine them) on what they said. The goal of cross-examination is to show weaknesses in the witness’ story — that they have a poor memory, they’re mistaken, or they’re lying.
The claimant then calls any other witnesses to give evidence in support of their case. The witnesses can be asked open-ended questions like “What colour was the traffic light?” A party can’t ask their own witness leading questions. A leading question suggests the answer the questioner wants the witness to give. For example, “The light was red, wasn’t it?” is a leading question.
The defendant can then cross-examine the claimant’s witnesses. In cross-examination, leading questions are allowed.
All witnesses must speak only to what they have seen or heard directly. They cannot talk about what they heard one person say to another — this is called hearsay evidence. Hearsay is not allowed to prove the truth of statements, except in rare circumstances.
Any documents in support of your case
For any documents you plan to use to prove your case, bring the original and at least three copies of the document. The original may be kept by the court as an exhibit. The copies are for the judge, the other party, and yourself.
Next, the defendant presents their evidence. They may start by giving their own testimony, where they tell the judge their story of what happened, and provide any documents that support their case. The claimant can then ask the defendant questions (cross-examining them).
The defendant then calls any other witnesses to give evidence in support of their case. The claimant may cross-examine the witnesses. The judge often asks questions as well.
When cross-examining a witness
In cross-examining the other side’s witnesses, your aim is to weaken their testimony or get them to admit things that help your case. Don’t expect them to admit they are exaggerating or lying — but it’s important you put your version to them fully and fairly.
When all the evidence has been presented, both parties get a final chance to tell the judge how they should decide the case.
Usually, the judge makes their decision after listening to the parties and the evidence. Sometimes, the judge will postpone the decision until later.
If the judge decides the claimant has proven their case on a balance of probabilities, the defendant will have to pay the full amount of the claim. If the judge decides the defendant’s evidence is more convincing, then the defendant will not have to pay the claim.
The losing party must usually pay the winning party’s costs for things such as court filing fees, delivering documents, and witness costs. If the judge thinks that a party started or defended a claim without a reasonable chance of succeeding, they can order the losing party to pay a penalty of 10% of the claim value.
The judge can order the losing party to pay immediately, or over time.
After the trial
"When I won my small claims case, it came with a sigh of relief. But I soon learned that winning your case and enforcing the judge’s order are two very different things. The other side didn’t follow the judge’s order — they didn’t pay by the deadline — so I had to move to enforcement, which required more forms and even more patience."
– Jane, Merritt, BC
Either party can appeal a small claims court judgment. An appeal doesn’t mean you get to try the case all over again — rather, you’re identifying areas of the law where the judge made mistakes, in hopes that their decision will be reversed.
The appeal is brought to the BC Supreme Court. The appeal must be started within 40 days after the small claims court order was made. If you’re late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but you may not get it.
The Small Claims BC Online Help Guide explains how to appeal a small claims court decision.
Even with a winning court order, sometimes the losing side tries to just ignore their loss altogether. You might need to take enforcement measures. This involves more forms, time, and patience. This Q&A explains the typical steps.
Who can help
You do not need a lawyer to go to small claims court. But you'll probably be better prepared and more confident in going to trial if you get legal advice. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on free and low-cost legal help.
Access Pro Bono’s Everyone Legal Clinic
Clinicians provide affordable fixed-fee services on a range of everyday legal problems.
Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Small claims how-to guides
The BC government has forms and how-to guides for small claims court, including making or replying to a claim, serving documents, and getting ready for court.
Small claims filing assistant
The BC government’s filing assistant walks you through the steps of completing court forms.
BC Provincial Court
The court's website features guides on how to handle a case before the court, as well as past court decisions.
Small Claims Online Help Guide
From Justice Education Society, provides step-by-step information on each stage of a small claims case.
