Transferring a BC Small Claims File Between Court Registries

You filed your small claims case at the Kelowna registry because that is where the work was done, but the defendant lives and works in Surrey. The defendant wants the file moved. Or you are the claimant and you filed at your local registry without checking the venue rules, and now the defendant is arguing the file is in the wrong place. What happens next?

Under Small Claims Rule 1.1(5), a Notice of Claim must be filed at the registry nearest to where the defendant resides or carries on business, or where the transaction or event giving rise to the claim occurred. If the claim was filed at the wrong registry, the defendant can apply to have the file transferred.

How to Apply for a Transfer

A party applies for a transfer by filing an Application to a Judge under Small Claims Rule 8(10) at the registry where the file is currently located.

The application should explain:

• Where the claim is currently filed
• Why the current registry is improper (the defendant does not reside or carry on business there, and the event did not occur there)
• Which registry the file should be transferred to, and why that registry is proper under Rule 1.1(5)

The application fee is $25–$50 under Schedule A. The judge decides the application; ask the registry how it will be heard. If granted, the registry transfers the file to the new location.

When Transfers Are Granted

The most common scenario is a claimant who filed at their own local registry rather than the one nearest to the defendant or the event. The rule is designed to protect defendants from being forced to travel unreasonable distances to defend a claim.

Transfers are also granted when:

• The file was opened at a registry that is not nearest to where the defendant resides or carries on business, or where the transaction or event occurred

Hearing Location vs. Filing Registry

An important distinction: the registry where your file is located is not necessarily where your hearing will take place. Settlement conferences are conducted remotely via Microsoft Teams under Practice Direction SM CL 02, so the registry location does not affect those. Trials may be scheduled at a courthouse different from the filing registry, particularly if the file is directed to a specialized trial program like the Simplified Trial pilot at Robson Square or Richmond.

Ask the registry whether your trial is set for a different courthouse; the filing registry and hearing location can differ.

If You Think the File Is at the Wrong Registry

If you believe the file is at the wrong registry, raise the issue promptly and ask about an application under Rule 8(10). The judge decides whether the file should be transferred.

Avoiding the Problem

Before filing your Notice of Claim, identify the correct registry:

1. Where does the defendant live or carry on business? For an individual, check their residential address or place of business. For a corporation, identify where it carries on business; a corporate search helps confirm its legal name and registered office for service.
2. Where did the event happen? If the contract was performed, the goods were delivered, or the damage occurred in a specific city, that city's registry is also a valid choice.
3. Choose the registry nearest to one of those locations. The BC Provincial Court website lists all registry locations and their addresses.

For a complete walkthrough of filing a claim in BC Provincial Court — including registry selection, corporate searches, and the forms you need — the BC Provincial Court Small Claims Guide covers every step from pre-filing through enforcement.

See more British Columbia guides →