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Vancouver Small Claims Lawyers

Do you need a small claims lawyer to deal with a dispute?

Pax Law’s Small Claims lawyers can help you with the Small Claims legal process in Court.

We pride ourselves on our transparent billing practices, our client-centred and top-rated history, and our ability to effectively represent our clients in court.

Small Claims Court lawyers at Pax Law can assist you with:

  1. Starting a small claims action.
  2. Responding to a small claims action.
  3. Filing a counterclaim.
  4. Preparation and attendance at the settlement conference.
  5. Preparation and service of the trial binder.
  6. Representation at trial.

All our small claims court services are available both in a traditional, hourly retainer format and a modern, fixed-fee payment format.

warning: The Information on This Page is Provided to Assist the Reader and Is Not a Replacement for Legal Advice from A Qualified Lawyer.

Small Claims Court Jurisdiction Non-Small Claims Court Matters
Disputes worth between $5,000 – 35,000 Disputes over $35,000 or under $5,000
Contract Disputes Slander and Defamation Law Suits
Disputes with Professionals Residential Tenancy Issues
Debts and Collections matters Malicious Prosecution

The small claims court is not a court of inherent jurisdiction. Therefore, there are matters that you cannot deal with at small claims.

The most notable matters where the Small Claims Court does not have jurisdiction are those claims with a monetary value of over $35,000, or claims with a value of less than $5,000. Furthermore, if your claim is about slander, defamation, and malicious prosecution.

What Claims Are Commonly Seen in Small Claims Court?

However, beyond the jurisdiction of the small claims court, it is important to consider what claims are commonly brought before the judge of the small claims court. The small claims court judges will be more familiar with the claims commonly brought before them and more likely to resolve them in a predictable manner.

The small claims court commonly deals with the following:

  • Construction/Contractor Lawsuits
  • Lawsuits Over Unpaid Debts
  • Lawsuits Over Personal Property
  • Small Personal Injury Actions
  • Claims of Fraud
  • Breach of Contract Lawsuits

What Are the Stages of a Small Claims Action?

If the defendants do not file a reply to claim within the required time, the plaintiffs may apply to the court to obtain a default judgment.

Plaintiffs Defendants
  • They must draft a notice of claim form and file it alongside an address for service form.
  • Once the notice of claim form is filed, they must serve the notice of claim on all the defendants in a manner acceptable under the Small Claims Rules and file a certificate of service.
  • If the defendant counterclaims, the plaintiffs must draft and file a response to the counterclaim.
  • Must draft a reply to claim and file it at the relevant registry alongside an address for service form.
  • If they intend to sue the plaintiff in response, they must draft and file a counterclaim alongside their reply to claim.
  • If the defendants agree with the plaintiff’s claim, they accept the claim in their reply and consent to paying some or all of the amount claimed by the plaintiffs.

Settlement Conference

After the pleadings have all been filed and served, the parties must wait for the small claims court to schedule a settlement conference. Different registries have their own timelines, but on average, a settlement conference will occur 3 – 6 months after the pleadings have been filed and served.

At the settlement conference, the parties will informally meet with a court judge to discuss the case. The judge will attempt to mediate a settlement between the parties.

If a settlement is not possible, the judge will speak about the parties about their documents and witnesses at trial. The parties will be ordered to create document binders, including every document they intend to rely on at trial and exchange those documents by a specific date. The parties may also be ordered to exchange witness statements.

After the settlement conference, the parties will have to go to court on a different day to set down a trial.

Document Binder Exchange

The parties will need to gather all their documents and organize them into binders. The binders will need to be served on the other party prior to the deadline given at the settlement conference.

If the document binders are not exchanged on time, the parties will need to apply to the court for an order allowing them to exchange binders on a different date.

A party will not be able to rely on any document that was not included in their document binder at trial.

Trial

During the scheduled trial, the parties may:

  • Appear in court and personally testify as a witness.
  • Call other individuals to testify as witnesses.
  • Cross-examine the other party’s witnesses.
  • Present documents to the court and enter them onto the record as exhibits.
  • Make legal and factual arguments about why the court should grant them the order they seek.

Pre-trial & Post-trial Applications

Based on your case, you may need to apply to the court before or after the trial. For example, you may apply for a default judgment if your defendant has not filed a reply to your notice of claim.

How Much Does Hiring A Small Claims Lawyer Cost?

Lawyers generally fee in one of three formats:

Hourly Contingency Block-Fee
  • The lawyer is paid based on the amount of time they spend on the file.
  • Requires a retainer amount paid to the lawyer before any work is done.
  • Litigation risks are carried mostly by the client.
  • The client does not know the litigation costs at the beginning of the case.
  • The lawyer is paid a percentage of the money the client wins in court.
  • Does not require any money to be paid to the lawyer up-front.
  • Risky for the lawyer but little risk to the client.
  • The client does not know the litigation costs at the beginning of the case.
  • The lawyer is paid a fixed fee agreed upon at the beginning.
  • Requires a retainer amount to be paid to the lawyer before any work is done.
  • Both the client and the lawyer carry litigation risks.
  • The client knows the litigation costs at the beginning of the case.

Pax Law’s small claims lawyers can assist you hourly or fixed-fee basis. A general summary of our fixed-fee schedule is set out in a table further down this section.

Please note that the table below does not account for the costs of any disbursements (out-of-pocket expenses paid on your behalf, such as filing or service fees).

The fees set out below are applicable to usual small claims actions. We reserve the right to charge different fixed fees based on the complexity of your case.

Our lawyers can give you a fixed quote for your work at your first meeting with us.

Service Fee* Description
Drafting Notice of Claim $800
  • We will meet with you to review your documents and understand your case.
  • We will draft a notice of claim on your behalf.
  • This quote does not include filing or serving the notice of claim. Additional disbursements apply if you instruct us to file or serve the document.
Drafting Reply to Claim or Counterclaim $800
  • We will meet with you to review your documents, including pleadings served on you.
  • We will discuss the case to understand your position.
  • We will draft a reply to notice of claim on your behalf.
  • This quote does not include filing the reply. Additional disbursements apply if you instruct us to file the document.
Drafting Reply to Claim & Counterclaim $1,200
  • We will meet with you to review your documents.
  • We will discuss the case to understand your position.
  • We will draft a reply to notice of claim and a counterclaim on your behalf.
  • This quote does not include filing the documents. Additional disbursements apply if you instruct us to file.
Preparation and Attendance: Settlement Conference $1,000
  • We will meet with you to understand your case and pleadings.
  • We will assist you with compiling documents required for the settlement conference.
  • We will attend the settlement conference with you and represent you.
  • If the matter does not settle, we will attend scheduling court and set down a trial date.
Preparation and Service of Document Binder (subject to provision of documents by you) $800
  • We will review the documents you intend to submit and advise on sufficiency.
  • We will prepare four identical trial binders for you.
  • This service does not include service of the opposing party’s trial binder.
Trial of Matters valued at $10,000 – $20,000 $3,000
  • Preparation, attendance, and representation at your small claims trial.
  • This fee is subject to the trial being scheduled for two days or less.
Trial of Matters valued at $20,000 – $30,000 $3,500
  • Preparation, attendance, and representation at your small claims trial.
  • This fee is subject to the trial being scheduled for two days or less.
Trial of Matters valued at $30,000 – $35,000 $4,000
  • Preparation, attendance, and representation at your small claims trial.
  • This fee is subject to the trial being scheduled for two days or less.
Applications Before the Court and Other Appearances $800 – $2,000
  • The exact fee is negotiated based on the nature of your matter.
  • Includes applications to set aside default judgments, modify court orders, adjourn court dates, and payment hearings.

* 12% GST and PST will be charged in addition to the fees in this table.

If you self-represent and lose your case due to a mistake, misunderstanding, or misapprehension, you will not be able to claim lack of advice from a small claims lawyer as a reason to appeal the loss.

FAQ

If you are willing and able to spend a lot of time learning about the court rules and the law, you could represent yourself in small claims court. However, we recommend you speak with a qualified lawyer before deciding to self-represent.
Small claims court in BC deals with some disputes about amounts between $5,001 – $35,000.
You can start a Small Claims action by drafting a notice of claim and filing it, alongside an address for service form, at the Small Claims Court registry.
In BC, the maximum amount you can claim in Small Claims Court is $35,000.
The Small Claims Court rules of procedure are complicated and long, but you can find a list of all the rules on the provincial government website at: Small Claims Rules.
No. In British Columbia, you cannot ask for your legal costs in Small Claims Court. However, the court can award you your reasonable expenses such as translation fees, mailing fees, and so on.
Each lawyer sets their own fees. However, Pax Law has a fixed fee schedule for small claims actions you can review on our website.
No. Only lawyers can file Small Claims Court documents online. However, you can start an online lawsuit for amounts less than $5,000 at the Civil Resolution Tribunal.
No. In 2023, only lawyers can represent you in court in British Columbia. However, if you have a lawyer, they may send a designated paralegal working for them to attend at some court hearings on their behalf.
No. You first need to start a residential tenancy branch action and obtain an order of the RTB for unpaid rent. You can enforce that order in Small Claims Court.
The Small Claims filing fees for claims over $3,000 are:
1. Notice of claim: $156
2. Reply to notice of claim: $50
3. Counterclaim: $156
How do I take someone to Small Claims Court in BC?
Prepare Notice of Claim
You must prepare a notice of claim using the forms provided by the Provincial Court of British Columbia.
File Notice of Claim & Address for Service Form
You must file your notice of claim and address for service form at the small claims registry nearest to where the defendant lives or where the transaction or event that resulted in the dispute took place.
Serve Notice of Claim
You must serve the notice of claim on all the named defendants in the manner set out in Rule 2 of the Small Claims Rules.
File Certificate of Service
You must file your completed certificate of service with the registry.

Book a Consultation Today

If you are involved in a small claims dispute in British Columbia and want clear guidance on how to proceed, speaking with an experienced lawyer can help you save time, money, and unnecessary stress. Pax Law Corporation’s small claims lawyers offer practical advice on strategy, procedure, and representation—whether you are starting a claim, responding to one, or preparing for trial. To request a consultation, please complete the form below and our team will contact you to arrange your appointment.

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