Can You Get Costs in BC Small Claims Court? Disbursements Explained

The Short Answer: Disbursements Yes, Counsel and Solicitor Fees No

If you win your small claims case in BC Provincial Court, you can ask for the costs allowed by Rule 20: filing fees, reasonable service expenses, and other reasonable charges or expenses directly related to the proceeding. The judge or registrar decides what is reasonable. The court must not order one party to pay another party's counsel or solicitor fees (Small Claims Act, s. 19(4)).

This distinction catches many claimants off guard. They assume winning means the other side pays for everything, including the $3,000 they spent on a lawyer. That is not how it works in most small claims cases.

What Counts as a Recoverable Disbursement

The judge has discretion over costs, but common recoverable disbursements include:

Court filing fees. The $156 fee you paid to file your Notice of Claim (or $100 for claims up to and including $3,000) is recoverable if you succeed. You can claim the $7 CSO transaction fee as a reasonable expense directly related to filing.

Process service costs. If you hired a private process server to serve the Notice of Claim, that fee is a disbursement. If you used registered mail, the postage cost counts.

Corporate registry search fees. The fee you paid for a BC Registries corporate search to verify the defendant's legal name is recoverable.

Expert report fees. If you hired a mechanic to inspect a defective vehicle or an engineer to assess property damage, the expert's fee is a disbursement. Under Small Claims Rule 10(3)-(4), serve a summary of the expert's evidence at least 30 days before calling the expert, or serve the report at least 30 days before introducing it, unless a judge grants permission otherwise.

Witness attendance costs. When you serve a Summons to Witness (Form 8), offer reasonable estimated travel expenses, or reasonable estimated attendance costs if the witness will attend remotely. The summons must be served at least 7 days before attendance.

Photocopying and document preparation. Reasonable costs for preparing your document book — photocopies, binder tabs, printing.

What You Probably Cannot Recover

Lawyer fees. The Provincial Court must not order one party to pay another party's counsel or solicitor fees (Small Claims Act, s. 19(4)).

Your time. The Rules do not set an hourly rate for time spent preparing your case or attending court. You can claim other reasonable charges or expenses directly related to the proceeding, but an award is not automatic.

Travel costs to the registry. Gas and parking are not automatic costs. You can claim reasonable expenses directly related to the proceeding under Rule 20(2)(c); the judge or registrar decides whether to allow them.

Investigation costs beyond what is necessary. Hiring a private investigator to surveil the defendant, running background checks, or conducting excessive research beyond what the case requires.

How Costs Are Awarded

At the end of trial, after the judge decides the main claim, costs are addressed. The winning party asks for disbursements and presents receipts. The judge reviews each item and awards what is reasonable.

If you are claiming disbursements, keep a running list from the day you file your claim. Every receipt, every fee, every postage slip — staple them together and include them in your trial document book. Judges award documented costs, not estimates.

In default judgments, the registrar adds your filing fee to the Payment Order automatically. Other disbursements require you to list them in your application for default.

Costs Awarded Against You

If you lose, the court may order you to pay the successful party's filing fees, reasonable service expenses, and other reasonable charges or expenses directly related to the proceeding, unless a judge or registrar orders otherwise. Losing a small claims case does not typically result in a devastating costs award, but you should know it is possible.

If you make a claim, counterclaim, or reply and proceed through trial with no reasonable basis for success, a judge may order you to pay the other party up to 10% of the amount claimed or the value of the claim or counterclaim (Rule 20(5)).

Strategic Implications

Because legal fees are generally not recoverable, hiring a lawyer for a $7,000 small claims case makes the economics tight. A $2,500 legal bill on a $7,000 claim means you net $4,500 even if you win everything. Many litigants find that a structured procedural guide plus their own preparation is more cost-effective than legal representation in small claims.

For a complete guide to BC Provincial Court small claims — including filing, service, trial preparation, and enforcement — see our BC Provincial Court small claims guide.

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