Small Claims or Supreme Court

Should I Sue in Small Claims Court or Supreme Court? Understanding Your Options in British Columbia

If you’re thinking about starting a lawsuit in British Columbia, one of the first questions you’ll face is where to file your claim. In B.C., most civil disputes go to either Small Claims Court (Provincial Court) or Supreme Court, but the right choice depends on the type of dispute, how much you are claiming, and what kind of remedies you need.

Here’s a straightforward guide to help you understand the difference, and when each court makes sense.

Small Claims Court (Provincial Court)

Jurisdiction: claims up to $35,000

Small Claims Court is designed to be simpler, faster, and less expensive than Supreme Court. It handles many common disputes such as:

• Unpaid invoices
• Property damage
• Small construction and renovation disputes
• Contract disagreements
• Minor injuries (except motor vehicle accidents)
• Claims for goods or services

Advantages of Small Claims Court

• Lower cost: Filing fees and legal fees are generally lower.
• Faster resolution: Cases can move more quickly.
• Simplified process: Rules and procedures are more accessible for self-represented individuals.
• Settlement driven: Conferences and mediation in front of a judge are built into the process to assist with early resolution.

Limitations

• You cannot receive more than $35,000 in damages.
• You cannot ask for certain court orders like injunctions or specific performance.
• Costs awarded, if any, are minimal.  Even if you are successful, you are not compensated for
• More complex disputes may require a level of process and evidence that Small Claims is not designed to handle.

Best for: Straightforward disputes under $35,000 where you want a quicker and more affordable process.

Supreme Court of British Columbia

Jurisdiction: claims over $35,000 and matters requiring higher court orders

Supreme Court is the proper venue for larger or more legally complex cases, including:

• Claims over $35,000
• Complex business disputes
• Construction litigation involving liens
• Real estate disputes
• Defamation
• Serious personal injuries
• Claims requiring injunctions, declarations, or specific performance

Advantages of Supreme Court

• No monetary limit: You can pursue full damages.
• Broader remedies: You can seek injunctions, orders for land, declarations, and more.
• More comprehensive procedures: Discovery, expert evidence, and trials are better suited for complex issues.
• Potential for costs: Successful parties may recover a portion of their legal fees.

Considerations

• Higher cost: Lawyer fees, expert reports, and filing fees are generally more substantial.
• Longer timelines: Cases can take significantly longer to resolve.
• More formal: Strict procedural rules must be followed.

Best for: Larger, more complicated disputes or cases needing remedies that Small Claims cannot provide.

How to Decide: Key Questions to Ask

1. How much is my claim worth?
   • Under $35,000 → Small Claims
   • Over $35,000 → Supreme Court
2. Do I need remedies beyond money?
   • If you need a court order (e.g., to stop someone from doing something or compel performance), you must file in Supreme Court.
3. How complex is the dispute?
   • Multi-party disputes, lots of documents, expert evidence → Supreme Court
   • Simple contract issues or straightforward unpaid bills → Small Claims
4. How important is speed and cost?
   • Want fast and affordable → Small Claims
   • Prepared for a longer process to pursue full compensation → Supreme Court

Choosing the Right Court Matters

Filing in the wrong court can lead to delays, unnecessary expense, or even dismissal of the claim. The best choice depends on the unique facts of your situation.

If you are unsure which court is appropriate or need help assessing your claim, a litigation lawyer at Gillespie would be happy to provide guidance and help you take the next steps with confidence.

Get in touch today!