BC Supreme Court vs Small Claims Court — Which One for Your Claim?

You are owed $42,000 for work a contractor never finished. Or maybe the number is $38,000 once you subtract the partial refund they gave you. Should you file in small claims court or the BC Supreme Court? The answer depends on how much the claim is worth, what kind of claim it is, and how much you are willing to spend on the process.

The Monetary Boundary

BC Provincial Court (Small Claims Division) handles civil claims between $5,001 and $35,000 CAD. The BC Supreme Court can hear claims over $35,000. If the claim otherwise fits Small Claims jurisdiction, you can instead abandon the excess and claim up to $35,000 in Provincial Court.

Below $5,001, a separate forum applies: the Civil Resolution Tribunal (CRT) holds exclusive jurisdiction over general small claims up to $5,000.

A claim for more than $35,000 cannot proceed in Small Claims for the full amount. You can abandon the excess to bring the claim within the limit.

Abandoning the Excess to Stay in Small Claims

Under Small Claims Rule 1(4), if your claim exceeds $35,000, you can abandon the excess and file for $35,000 in Provincial Court. This permanently forfeits the abandoned amount — you cannot recover it later in any court. But it keeps you in the faster, cheaper, more informal small claims system.

This trade-off makes sense when:

• The excess is small relative to the total (owing $37,000 and abandoning $2,000)
• The cost of Supreme Court proceedings would eat into or exceed the extra amount
• You want to represent yourself without hiring a lawyer
• Speed matters — small claims moves faster than Supreme Court civil litigation

It does not make sense when the excess is substantial, when you have a strong case and want full recovery, or when the claim type requires Supreme Court jurisdiction regardless of the amount.

Claims That Must Go to Supreme Court (Regardless of Amount)

Section 3 of the Small Claims Act excludes several categories from Provincial Court Small Claims:

• Defamation — libel and slander claims
• Malicious prosecution
• Title to real property — disputes over who owns land
• Builders' liens under the Builders Lien Act
• Bankruptcy proceedings

Injunctions and wills or estate disputes may require Supreme Court procedure. Confirm the proper forum before filing.

Cost Comparison

The filing fees and procedures differ:

Small Claims (Provincial Court):

• Filing fee: $156 (claims over $3,000)
• No mandatory lawyer (most people self-represent)
• Simplified rules of evidence
• Settlement conferences via Microsoft Teams
• Trials typically last hours, not days

Supreme Court:

• Court and filing fees depend on the steps in the case; check the current Supreme Court fee schedule
• Supreme Court Civil Rules govern the procedure, including pleadings and discoveries; legal advice may be useful
• Adverse cost awards: if you lose, you may be ordered to pay a portion of the other side's legal costs

For a $38,000 claim, compare the amount you would give up by abandoning the excess with the costs and procedure of a Supreme Court case. Once abandoned, that excess cannot be recovered later.

Procedure Differences

Small Claims procedure is simplified and less formal than Supreme Court procedure. Follow the trial directions the court gives you.

Supreme Court procedure follows the Supreme Court Civil Rules, including requirements for pleadings, examinations for discovery, and expert evidence. Get advice about the rules that apply to your case.

What About the CRT?

Claims of $5,000 or less generally fall under the Civil Resolution Tribunal's initial jurisdiction, not Provincial Court. If the CRT refuses to resolve the claim, or the Provincial Court grants an exemption order, Form SCL 053 is used to continue in Provincial Court without a filing fee.

For claims right at the boundary — say $5,100 — you are in Provincial Court small claims territory.

Making the Decision

If your claim is between $5,001 and $35,000 and does not fall into an excluded category, it fits Provincial Court Small Claims. If it exceeds $35,000, you can use Supreme Court or abandon the excess and claim up to $35,000 in Small Claims. Whether abandoning the excess makes sense depends on the amount you give up and the procedure involved.

The BC Provincial Court Small Claims Guide covers the full Provincial Court process — from verifying your claim fits the limit through filing, service, the hearing, and collecting on the judgment.

See more British Columbia guides →