Written by Jasmin Kang
The powers and jurisdiction of the Small Claims Court are established within the Small Claims Act.
Section 3 of the Small Claims Act provides:
3(1) The Provincial Court has jurisdiction in a claim for
(a) debt or damages,
(b) recovery of personal property,
(c) specific performance of an agreement relating to personal property or services, or
(d) relief from opposing claims to personal property if the amount claimed or the value of the personal property or services is equal to or less than an amount that is prescribed by regulation, excluding interest and costs.
(2) The Provincial Court does not have jurisdiction in a claim for libel, slander or malicious prosecution.
The Small Claims Court has jurisdiction in matters involving $35,000 or less. The monetary limit on the jurisdiction of the Small Claims Court is exclusive of interest and costs. A claimant who has a claim amounting to more than the monetary limit may abandon part of the claim so that the balance may be heard in Small Claims Court.
Claims may be transferred to the Supreme Court if the monetary outcome of the claim may exceed the monetary limit of Small Claims Court.
The Rules and forms regulating practice and procedure in Small Claims are set out in the Small Claims Rules.
Since June 1, 2017, most small claims matters involving amounts up to $5000 are resolved in the Civil Resolution Tribunal instead of Small Claims Court.