What to Expect at a BC Small Claims Trial: Step-by-Step

How a BC Small Claims Trial Works

Your case did not settle at the settlement conference. The judge set a trial date. Now what?

A regular small claims trial in BC Provincial Court is a hearing before a Provincial Court judge. The rules of evidence are relaxed compared to Supreme Court, but the hearing still follows a structured sequence, and the judge applies the civil standard of proof — balance of probabilities. That means you need to show your version of events is more likely true than not.

Before the Trial Date

If a trial conference was ordered, you already filed your Trial Statement at least 14 days before that conference and delivered a copy to the other side 7 days before. Even if there is no trial conference, Rule 10(17)-(18) requires each party to file a Trial Statement (Form 33) with relevant documents at least 14 days before trial and serve copies on the other parties at least 7 days before.

Prepare your document book. Bring at least three identical, page-numbered copies — one for the judge, one for the opposing party, and one for yourself. Tab each section so you can find documents quickly. If you plan to call witnesses, confirm they are available on the trial date and serve a Summons to Witness (Form 8) at least 7 days in advance, offering reasonable estimated travel expenses or reasonable estimated attendance costs if the witness will attend remotely.

The Trial Sequence

Opening statements. The claimant speaks first. In two to three minutes, outline what the dispute is about, what you are claiming, and what evidence you will present. The defendant then gives their opening statement. Keep it factual — this is a roadmap, not a closing argument.

The claimant's case. You testify under oath about what happened. Walk the judge through your documents by page number ("Your Honour, please turn to page 7, the contract dated January 15"). After your testimony, the defendant cross-examines you. Then you call your witnesses, each of whom testifies and is cross-examined.

The defendant's case. The defendant testifies, presents their documents, and calls their witnesses. You cross-examine each of them. Cross-examination is your chance to highlight inconsistencies — not to argue or lecture.

Closing arguments. Each party summarizes the evidence and explains why it supports their position. The claimant goes first, the defendant responds, and the claimant may get a brief reply. This is where you connect the dots: "The contract at page 7 shows the delivery date was March 1, Ms. Chen confirmed no work started until March 20, and the receipts at pages 12 through 15 show I paid the full deposit."

The decision. The judge may give an oral decision immediately or reserve judgment. Reserved decisions are delivered in writing, usually within a few weeks. Either way, the decision sets out who wins, how much is owed, and whether costs are awarded.

Practical Tips for Trial Day

Dress respectfully. You do not need a suit, but clean, professional clothing signals that you take the process seriously.

Address the judge. Say "Your Honour" when speaking to the judge. Address the other party by name, not "this liar" or "the crook."

Answer questions directly. When cross-examined, answer the question that was asked. Volunteers who offer long explanations beyond the question often hurt their own case.

Do not interrupt. Wait for the other side to finish speaking before responding. The judge will give you a turn.

Bring originals. If you have original contracts, cheques, or receipts, bring them. The judge may want to compare an original with your photocopy.

Remote Hearings via MS Teams

Under Practice Direction SM CL 02, settlement conferences and trial conferences in BC are remote by MS Teams or telephone by default. Trials are in person by default unless a judge or judicial justice orders otherwise. If your trial is on MS Teams:

• Test your internet connection and camera the day before.
• Join from a quiet room with a plain background.
• Have your document book open in front of you — the judge will refer to page numbers just as in a courtroom.
• Mute yourself when not speaking.

After the Decision

If you win, the judge issues a Payment Order. The defendant must pay the amount ordered. If they do not pay voluntarily, you move to enforcement — payment hearings, garnishment, seizure and sale, or registering the judgment against land.

If a Provincial Court judge makes an order allowing or dismissing a claim after trial, a party may appeal it to the BC Supreme Court within 40 days, beginning on the day after the order. An appeal may review questions of fact and law, but it is not a new trial unless the Supreme Court orders one.

For a complete walkthrough of every stage — from filing your Notice of Claim through trial preparation and enforcement — see our BC Provincial Court small claims guide.

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