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.

Jurisdiction of Small Claims Court

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?

The small claims court commonly deals with the following:

What Are the Stages of a Small Claims Action?

Pleadings Stage

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.

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:

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 the notice of claim for you or serving it. Additional disbursements will apply if you instruct us to file or serve the document.
Drafting Reply to Claim or Countercliam	$800	– We will meet with you to review your documents, including any pleadings that have been 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 to notice of claim for you. Additional disbursements will 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, including any pleadings that have been served on you. – We will discuss the case to understand your case. – We will draft a reply to notice of claim and a counterclaim on your behalf. – This quote does not include filing the reply to notice of claim for you. Additional disbursements will apply if you instruct us to file the document.
Preparation and Attendance: Settlement Conference	$1,000	– We will meet with you to understand your case and the pleadings. – We will assist you with compiling the documents you need to submit to the court for the settlement conference. – We will attend the settlement conference with you, and represent you during it. – If the matter does not settle, we will attend at scheduling court for you 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 to the court and advise you on their sufficiency, and whether any additional documents are needed. – We will prepare 4 identical trial binders for you. – This service does not include service of your opposing party’s trial binder.
Trial of Matters valued at $10,000 – $20,000	$3,000	– Preparation, attendance, and representation for you at your small claims trial. – This fee is subject to the length of the trial as scheduled being two days or less.
Trial of Matters valued at $20,000 – $30,000	$3,500	– Preparation, attendance, and representation for you at your small claims trial. – This fee is subject to the length of the trial as scheduled being two days or less.
Trial of Matters valued at $30,000 – $35,000	$4,000	– Preparation, attendance, and representation for you at your small claims trial. – This fee is subject to the length of the trial as scheduled being two days or less.
Applications Before the Court and Other Appearances	$800 – $2,000	– The exact fee to be negotiated on the basis of the nature of your matter. – Applications and appearances that can fall under this category are applications to set aside default judgments, modify other orders of the court, adjourn court dates, and payment hearings.

Do I Need a Lawyer for Small Claims Court?

No.

If you are willing and able to:

• Dedicate time and effort to learning small claims court rules;
• Attend at the small claims registry of your jurisdiction as often as required to advance your case; and
• Read and comprehend complex legal texts.

Then, you can effectively represent yourself in small claims court. However, if you do not have the traits above, we recommend against self-representation in court.

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.

Frequently Asked Questions (FAQs)

How do I take someone to Small Claims Court in BC?