BC Small Claims Form 33 Trial Statement: Deadline and How to Complete It

What Is a Form 33 Trial Statement?

A Trial Statement is the document that tells the judge and the other side exactly what your case is about before a trial conference begins. In BC Provincial Court small claims, this is the Trial Statement Form referenced in Small Claims Rule 9.2. Some registries label it Form 33 or SCL 033 in their filing systems.

The Trial Statement is not optional. If a judge orders a trial conference after a settlement conference fails to resolve your dispute, both the claimant and the defendant must prepare and file one. Skip it, and the judge may adjourn the trial conference or limit the evidence you can present.

The 14-Day and 7-Day Deadlines

Rule 9.2 sets two hard deadlines:

• 14 calendar days before the trial conference: File your completed Trial Statement at the court registry.
• 7 calendar days before the trial conference: Deliver a filed copy to every other party.

The BC Interpretation Act controls how you count. Day one is the day after the triggering event (your trial conference date minus 14), and if the final day falls on a weekend or statutory holiday, the deadline extends to the next business day the registry is open.

Missing the 14-day filing deadline means your Trial Statement is late on the court record. Missing the 7-day delivery deadline means the other side can argue they had no time to prepare, and the judge may exclude evidence you listed but never disclosed.

What Goes Into the Trial Statement

Rule 9.2 requires four things:

A factual summary. Write a plain-language narrative of what happened — the transaction, the breach or damage, the amount you are claiming, and the legal basis for your claim. Keep it chronological and factual. This is not a closing argument; save persuasion for trial.

Damage calculations. Break down every dollar you are claiming. If you are seeking $12,000 for a contractor deposit, list the deposit amount, any partial work credits, and the resulting balance. Include pre-judgment interest if you are claiming it under the Court Order Interest Act.

A witness list with "will-say" summaries. For each witness you plan to call, write their full name, their relationship to the dispute (neighbour, employee, friend who was present), and a brief summary of what they will testify about. A "will-say" is two to four sentences — enough for the judge to understand why the witness matters, not a verbatim script.

All supporting documents. Attach copies of every contract, invoice, receipt, photograph, text message printout, email chain, repair estimate, and expert report you plan to rely on at trial. Number each page sequentially so you can refer to "page 14 of my trial statement" during the hearing.

How to Organize Your Document Book

Judges and opposing parties work from paper copies even when the hearing is on MS Teams. Prepare at least three identical sets:

1. The court's copy — filed at the registry.
2. Your working copy — for your own reference at trial.
3. The opposing party's copy — delivered at least 7 days before the trial conference.

Use a tabbed binder or numbered dividers. Start with the Trial Statement form itself, then attach documents in the order they appear in your factual narrative. A judge flipping through 60 unnumbered pages mid-hearing is a judge losing patience.

Filing and Delivery Methods

File at the court registry where your claim is active. You can file in person at the counter, through Court Services Online (CSO) for a $7 transaction fee per package, or by mail with a cheque payable to the Minister of Finance.

Delivery to the other side follows the rules for subsequent documents — ordinary mail, personal delivery, or email if the other party consented to email service through their Form 38 Address for Service. Keep proof of delivery: a Canada Post tracking receipt, a signed acknowledgment, or a screenshot showing the email was sent.

Common Mistakes That Hurt You at Trial

Argumentative "will-say" statements. A will-say that reads like a closing submission ("The defendant clearly lied about the delivery date and should be held accountable") tells the judge nothing useful. Write what the witness observed: "Ms. Chen was present when the contractor said he would begin demolition on March 3 and saw that no work had started by March 20."

Missing documents. If a contract or receipt appears in your factual summary but is not attached to the Trial Statement, the judge may refuse to admit it at trial. Attach everything.

Late filing. Filing 13 days before instead of 14 gives the other side grounds to object. Count backwards from the trial conference date, not forwards from when you started preparing.

For a step-by-step system that walks you through every form and deadline in BC Provincial Court small claims — from Notice of Claim through the trial — see our BC Provincial Court small claims guide.

What Happens If You Do Not File a Trial Statement

The judge has discretion. Depending on the circumstances, the judge may:

• Adjourn the trial conference and order you to file within a new deadline (adding weeks or months of delay).
• Proceed but limit your evidence to what you disclosed orally.
• Dismiss your claim or strike your defence if the failure is part of a pattern of non-compliance.

None of these outcomes helps your case. File on time, include everything, and deliver it to the other side early enough that you can prove delivery if challenged.

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