Small Claims Rules

261/93 O.C. 1030/93 July 30, 1993 October 1, 1993 Court Rules Act and Small Claims Act Small Claims Rules [Last amended May 4, 2026 by B.C. Reg. 31/2026] 261_93_pit 6 If a Defendant Does Not Reply to a Claim A claimant may ask for a default order 1 If a defendant does not file a reply within the time limit (see Rule 3 (4) or 1.1 (23)), the claimant may ask the registrar for a default order. [am. B.C. Reg. 120/2017, Sch. 2, s. 12.] Judge's permission needed in certain cases 2 No default order will be made on a counterclaim or third party notice, except under Rule 16 (6) (c). How to ask for a default order 3 To ask for a default order under subrule (1), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of claim or the notice of civil resolution tribunal claim was filed, together with a copy of the certificate of service (Form 4) for the notice of claim or the notice of civil resolution tribunal claim, and pay the required fee. [am. B.C. Regs. 148/97, s. 6; 146/98, s. 2; 120/2017, Sch. 2, s. 13.] If a claim is for a debt 4 If a claim is for a debt and the claimant completes the steps in subrule (3), the registrar must make a default order requiring the defendant to pay immediately the amount claimed plus expenses under Rule 20 (2) and any interest the claimant is entitled to. If a claim is not for a debt 5 If a claim is not for a debt and the claimant completes the steps in subrule (3), the registrar must set a date for a hearing before a judge. Submit documents to registry before hearing 5.1 At least two business days before the date of a hearing set under subrule (5), a claimant must file at the registry all documents on which the claimant intends to rely at the hearing, with a supporting materials cover sheet (Form 39). [en. B.C. Reg. 161/2022, s. 6.] If there are other defendants 6 If any other defendant has filed a reply and a date is set for a settlement conference, trial conference or trial of the claim, the hearing must be held at that time, unless a judge orders otherwise. [am. B.C. Reg. 360/2007, s. 4.] No notice of hearing 7 A defendant who has not filed a reply is not entitled to receive notice of a hearing under this rule. A defendant loses the right to reply 8 After a date is set for a hearing under this rule, a defendant may not file a reply without the permission of a judge (see Rule 16 (7)). Purpose of hearing 9 The purpose of a hearing under this rule is to allow a judge to determine a the amount the claimant is entitled to, if the claim is for money, and b the terms of an appropriate order, in any other case. Result of hearing 10 After hearing the claimant, the judge may, a if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and b in any other case, make the appropriate order. If a claimant does not attend 11 If a claimant does not attend at the time set for a hearing under this rule, the judge may cancel the hearing, but the claimant may ask the registrar to reschedule it. How payment may be collected 12 The creditor may collect payment under a default order by taking any of the steps listed in Rule 11 (11). 7 The Settlement Conference Settlement conference 1 Before a trial date is set, a settlement conference will be held at the time and place set by the registrar. Settlement conference not required 2 Despite subrule (1), a settlement conference will not be held if a Rule 9.1 or 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a settlement conference under this rule, a.1 on or before April 30, 2016, Rule 7.5 applied to the claim, b the claim relates to a motor vehicle accident and only liability for property damage is disputed, or c the proceeding was started by a notice of civil resolution tribunal claim. [en. B.C. Reg. 360/2007, s. 5; am. B.C. Regs. 244/2015, Sch. 2, s. 1 and Sch. 3, s. 1; 120/2017, Sch. 2, s. 14; 207/2025, App., s. 2.] Some motor vehicle accident cases proceed directly to trial 2.1 If subrule (2) (b) applies to the claim, the registrar must set the claim for trial and send a notice of trial to the parties. [en. B.C. Reg. 360/2007, s. 5.] Some cases proceed directly to trial conference 2.2 The registrar must set the claim for a trial conference if subrule (2) (c) applies to the claim. [en. B.C. Reg. 120/2017, Sch. 2, s. 15.] Notice of settlement conference 3 The registrar must serve a notice of settlement conference (Form 6) on the parties at least 28 days before the date set for the settlement conference. [am. B.C. Reg. 161/2022, s. 7.] Who must attend 4 All parties must attend the settlement conference and have authority to settle the claim, and may be accompanied by a lawyer or articled student, except the defendant need not attend if a the claim results from a motor vehicle accident, b the defendant is disputing the amount of the claim but not liability, and c a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant. Relevant documents and reports 5 Each party to a claim must a submit all relevant documents and reports to the registry at least 14 days before the date of the settlement conference, and b serve all relevant documents and reports on the other parties at least 7 days before the date of the settlement conference. [en. B.C. Reg. 161/2022, s. 8.] Expenses for attending settlement conference unprepared 6 If a settlement conference cannot be conducted properly because a party is not prepared for it, a judge may order that party to pay the reasonable expenses of the other party or parties. How to change a settlement conference date 7 A party may change a settlement conference date by a filing a consent to change the date under Rule 16 (1), or b applying for an order changing the date of the settlement conference at least 7 days before the date set for the settlement conference, unless the registrar orders otherwise, and giving whatever notice to the other party that the registrar or judge requires. Notice of change of date 8 If the date of the settlement conference is changed, the registrar must notify the parties of the place and time of the rescheduled conference. Certificate to be filed in personal injury cases 9 If a claim is for damages for personal injuries and the proceeding was started by a notice of claim, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all a medical reports, and b records of expenses or losses incurred or expected. [am. B.C. Regs. 148/97, s. 7; 120/2017, Sch. 2, s. 16.] If the claimant is not ready to file certificate 10 A claimant who is not ready to file the certificate of readiness and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired. Certificate must be served on other parties 11 Within 14 days after filing a certificate of readiness, the claimant must serve a copy of the certificate and attachments on each of the other parties. Defendant may request a medical report 12 A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical practitioner or another person who is authorized under the Health Professions and Occupations Act to practise a designated health profession for an examination, to be paid for by the defendant. [am. B.C. Regs. 161/2022, s. 9; 128/2025, s. 4.] Report to be given to claimant and provided to registry 13 After receiving the medical report from the medical practitioner or other person authorized under the Health Professions and Occupations Act to practise a designated health profession, the defendant must a submit the report to the registry at least 14 days before the date of the settlement conference, and b serve a copy of the report on the claimant at least 7 days before the date of the settlement conference. [en. B.C. Reg. 161/2022, s. 10; am. B.C. Reg. 128/2025, s. 4.] What happens at a settlement conference 14 At a settlement conference, a judge may do one or more of the following: a mediate any issues being disputed; b decide on any issues that do not require evidence; c make a payment order or other appropriate order in the terms agreed to by the parties; c.1 order that the claim be set for a trial conference under Rule 7.5; d set a trial date, if a trial is necessary; e discuss any evidence that will be required and the procedure that will be followed if a trial is necessary; f order a party to produce any information at the settlement conference or anything as evidence at trial; g order a party to i give another party copies of documents and records by a set date, or ii allow another party to inspect and copy documents and records by a set date; h if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage; i dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it i is without reasonable grounds, ii discloses no triable issue, or iii is frivolous or an abuse of the court's process; j before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information; j.1 order that a trial is to be attended by telephone, video conference or other means of electronic communication; k Repealed. [B.C. Reg. 148/97, s. 7 (e).] l make any other order for the just, speedy and inexpensive resolution of the claim. [am. B.C. Regs. 148/97, s. 7; 244/2015, Sch. 2, s. 2; 120/2017, Sch. 2, s. 17; 161/2022, s. 11.] If settlement conference judge orders parties to attend trial by telephone, video conference or other means of electronic communication 14.1 If a judge at a settlement conference orders that a trial is to be attended by telephone, video conference or other means of electronic communication, the judge must also direct how, and by what date, to submit and serve any records and other things on which a party intends to rely at trial. [en. B.C. Reg. 161/2022, s. 12.] If a party does not comply with a disclosure order 15 If a party does not comply with an order under subrule (14) (f), (g), (h) or (j), a judge may at any time do one or more of the following: a adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment; b order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance; c dismiss the claim, counterclaim, reply or third party notice. [en. B.C. Reg. 148/97, s. 7.] If a payment order is made 16 If a payment order is made at a settlement conference, Rule 11 (Payment of the Judgment) applies as though the payment order was made following a trial. If a party does not attend 17 A judge may dismiss the claim or make a payment order or other appropriate order against a party who does not attend a settlement conference. Notice of trial date 18 If a trial date is set at a settlement conference and a party is absent, the registrar must serve a notice of the trial date on that party unless the judge orders otherwise. Place of the trial 19 All further steps in the claim, including the trial, will take place where the settlement conference is held except a if a judge orders otherwise, or b as provided in Rule 16 (11) and Rule 17 (8). If a party does not comply with a settlement agreement 20 If a settlement is recorded on the court record as an agreement and not as a payment order and a party does not comply with the recorded terms of the agreement, a the agreement is cancelled, and b after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim. [en. B.C. Reg. 148/97, s. 7.] Settlement conference — transition 21 If a notice of settlement conference is dated October 2, 2022 or earlier, and if the settlement conference is scheduled to take place on or after October 3, 2022, the following rules apply: a despite Rule 7 (5), the parties must submit all relevant documents and reports to the registry at least two business days before the date of the settlement conference, and are not required to serve all relevant documents and reports on the other parties before the settlement conference; b despite Rule 7 (13) (a), the defendant must submit the medical report referred to in Rule 7 (13) to the registry at least two business days before the date of the settlement conference. [en. B.C. Reg. 161/2022, s. 12.] 7.1 Transfers and Multiple Claims Transfer of claim to Supreme Court 1 If satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35 000, a judge must transfer the claim to the Supreme Court a on application at any time, or b on the judge's own motion at the settlement conference or trial. [en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.] Exception 2 Despite subrule (1), a claim must not be transferred to the Supreme Court if the claimant chooses to abandon the amount over $35 000 so that the claim may be heard in the Provincial Court. [en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.] Personal injury claims 3 Before transferring a claim for personal injury to the Supreme Court, a judge must consider any medical reports or records filed by the parties. [en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 161/2022, s. 13.] Multiple claims 4 If more than one claimant has filed a notice of claim or a notice of civil resolution tribunal claim against the same defendant or defendants with respect to the same event, or if one claimant has filed notices of claim or notices of civil resolution tribunal claim against more than one defendant with respect to the same event, the judge may a hear at one time evidence that relates to all the claims, b apply that evidence to all the claims, and c make a decision in each of the claims, even though the total monetary outcome of all the claims (not including interest and expenses) is likely to exceed $35 000. [en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, ss. 18 and 19.] 7.2 Repealed 1)-(4.2 Repealed. [B.C. Reg. 267/2018. s. 3.] Repealed 5)-(21 Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 1.] Repealed 22)-(37 Repealed. [B.C. Reg. 267/2018. s. 3.] 7.21 Transitional Provisions for Rules 7.2 and 7.4 Transitional provision for Rule 7.2 1 Despite the repeal of Rule 7.2, Rules 7.2 (27) to (29), (31) to (33) and (35) to (37) and 16 (6) (f.2) and (j), as they read on December 31, 2018, continue to apply in relation to a mediation session to which Rule 7.2 applied. [en. B.C. Reg. 267/2018, s. 4.] Transitional provision for Rule 7.4 2 Despite the repeal of Rule 7.4, Rules 7.4 (36) to (39), (40) to (42) and (44) to (46) and 16 (6) (f.2) and (j), as they read on December 31, 2018, continue to apply in relation to a mediation session to which Rule 7.4 applied. [en. B.C. Reg. 267/2018, s. 4.] 7.3 Mediation for Claims Between $10 000 and $35 000 Definitions 1 In this rule: insurer has the same meaning as in the Insurance Act , and includes the Insurance Corporation of British Columbia; mediation means a collaborative process in which 2 or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them; mediation session means a meeting between 2 or more parties during which they are engaged in mediation for a period of a 2 hours, b any shorter period that the mediator may direct, or c any shorter or longer period on which the parties may agree; mediator means a neutral and impartial facilitator with no decision making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them; motor vehicle action means a proceeding in which damages are claimed for injury or death, or loss of or damage to property, that arises out of the use or operation of a motor vehicle or trailer as those terms are defined in the Motor Vehicle Act ; party , in relation to a proceeding, includes an insurer of a claimant, defendant or third party if that insurer has a duty to do one or both of the following in relation to the claimant, defendant or third party: a indemnify that party for liability arising out of a claim in the proceeding; b defend any claims made against that party in the proceeding; roster organization means any body designated by the Attorney General to select mediators for the purposes of this rule; third party means a person who is named as a third party under Rule 5, but does not include an insurer who has been made a third party under section 76 of the Insurance (Vehicle) Act ; third party insurer means, in relation to a designated action, an insurer that has been made a third party in an action under section 76 of the Insurance (Vehicle) Act . [en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (a); 145/2007.] General Information Proceedings to which this rule applies 2 Subject to subrule (3), a party to a proceeding may initiate mediation in that proceeding under subrule (5) if a the notice of claim that started the proceeding was filed after August 31, 2005, and b a claim in the proceeding amounts to more than $10 000 and not more than $35 000, without taking into account interest or claim-related expenses. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.] Claims to which this rule does not apply 3 A party to a proceeding may not initiate mediation in that proceeding under subrule (5) if a the proceeding involves a party who has obtained one of the following against another party: i a protection order under section 183 of the Family Law Act ; ii a peace bond under section 810 of the Criminal Code , a.1 Rule 9.2 applies to a claim in the proceeding, or b the claimant, defendant and cause of action in the proceeding are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 360/2007, s. 6 (a); 358/2012, s. 1; 267/2018, s. 5.] When this rule ceases to apply 4 This rule ceases to apply to a proceeding if the proceeding is transferred to the Supreme Court under Rule 7.1. [en. B.C. Reg. 251/2005, s. 3.] How Mediation is Begun Initiating mediation 5 Subject to subrule (7), any party to a proceeding may initiate mediation by a filing a Notice to Mediate for Claims Between $10 000 and $35 000 (Form 29), and b delivering a copy of that filed notice to every other party named on a notice of claim, reply or third party notice that has been filed in the proceeding. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.] When Notice to Mediate for Claims Between $10 000 and $35 000 must be delivered 6 Unless the court orders otherwise, a Notice to Mediate for Claims Between $10 000 and $35 000 must not be filed and delivered under subrule (5) until a reply has been filed in the proceeding. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.] Not more than one mediation under this rule in any proceeding 7 Unless the court otherwise orders, not more than one mediation may be initiated under this rule in relation to any proceeding. [en. B.C. Reg. 251/2005, s. 3.] Rule does not apply unless mediation is initiated under subrules (5) and (6) 8 Subrules (9) to (53) do not apply to a proceeding unless mediation is initiated in that proceeding under subrule (5). [en. B.C. Reg. 251/2005, s. 3.] Appointing the Mediator Appointment of mediator 9 The parties must jointly appoint a mutually acceptable mediator within 14 days after the Notice to Mediate for Claims Between $10 000 and $35 000 has been delivered to all parties. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.] Application to roster organization 10 If the parties do not jointly appoint a mutually acceptable mediator within the time required by subrule (9), any party may apply to a roster organization for an appointment of a mediator. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).] Roster organization's appointment procedure 11 If an application to a roster organization is made under subrule (10), the roster organization must select a mediator after taking into account a the need for the mediator to be neutral and independent, b the qualifications of the mediator, c the mediator's fees, d the mediator's availability, e the nature of the dispute, and f any other consideration likely to result in the selection of an impartial, competent and effective mediator. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (b).] Notification of selection of mediator 12 Promptly after selecting a mediator under subrule (11), the roster organization must notify the parties in writing of that selection. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).] Deemed date of appointment of mediator 13 The mediator selected under subrule (11) is deemed to be appointed by the parties on the date that notice of that selection is sent under subrule (12). [en. B.C. Reg. 251/2005, s. 3.] Replacement of appointed mediator 14 If the mediator selected by the roster organization under subrule (11) is unable or unwilling to act as mediator, a the selected mediator or any party may notify the roster organization of that inability or unwillingness, and b the roster organization must, within 7 days after receiving that notice, select a new mediator in accordance with subrule (11). [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).] Mediator's role 15 The mediator may conduct the mediation session at the location and in any manner the mediator considers appropriate to assist the parties to reach a resolution that is fair, timely and cost-effective. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 191/2021, s. 17.] Mediation Sessions Scheduling of mediation session 16 A mediation session must occur within 60 days after the appointment of the mediator, and at least 7 days before the date set under Rule 7 for the settlement conference unless a later specified date a is agreed on by all parties and that agreement is confirmed by the mediator in writing, or b is ordered by the court. [en. B.C. Reg. 251/2005, s. 3.] Attending the mediation session 17 In the case of a claim that is not a motor vehicle action, a the party who delivers a Notice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29): i the claimant; ii the defendant; iii the third party, and b each insurer of a claimant, defendant or third party may attend the mediation session. [en. B.C. Reg. 286/2005, s. 2 (b); am. B.C. Reg. 120/2017, Sch. 2, s. 21.] Attending the mediation session in a motor vehicle action 18 In the case of a motor vehicle action, the party who delivers a Notice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29): a the claimant; b the insurer of the defendant or, if the defendant is not insured, the defendant; c the insurer of the third party or, if the third party is not insured, the third party; d each third party insurer to the action. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (c); 120/2017, Sch. 2, s. 21.] Requirements on parties who attend mediation 19 Each person who attends a mediation session must a have authority to settle, and b before the mediation session, provide to the mediator and serve on the other parties all documents and reports that are relevant to the dispute. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 161/2022, s. 14.] Representative may attend for any party who is not an individual 20 A party may attend a mediation session by representative if the party is not an individual. [en. B.C. Reg. 251/2005, s. 3.] Authority of representative 21 A representative who attends a mediation session under subrule (20) in the place of a party must a be familiar with all facts relevant to the dispute, and b have full authority to settle, or have access at the earliest practicable opportunity to a person who has, or to a group of persons who collectively have, full authority to settle, on behalf of the party. [en. B.C. Reg. 251/2005, s. 3.] Party or representative may be accompanied by a lawyer 22 A person or representative who attends a mediation session may be accompanied by a lawyer or articled student. [en. B.C. Reg. 251/2005, s. 3.] Other persons may attend with consent 23 Any other person may attend a mediation session if that attendance is permitted by the mediator and consented to by the parties. [en. B.C. Reg. 251/2005, s. 3.] Attending a mediation session by telephone, video conference or other means of electronic communication 24 One or more of the persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) may attend the mediation session by telephone, video conference or other means of electronic communication if a all of the other persons attending the mediation session consent, or b subject to subrule (26), the registrar authorizes that attendance under subrule (25). [en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 191/2021, s. 18; 61/2022, s. 15.] Application to attend mediation by telephone, video conference or other means of electronic communication 25 The registrar may authorize one or more persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) to attend the mediation session by telephone, video conference or other means of electronic communication if an application for that authorization is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session. [en. B.C. Reg. 191/2021, s. 19; am. B.C. Reg. 161/2022, s. 15.] Late application to attend mediation by telephone, video conference or other means of electronic communication 26 If an application for an authorization under subrule (25) is made to the registrar under Rule 16 (3) within 7 days before the date set for the mediation session, the registrar may make that authorization if a it was not reasonably practicable for that person to bring an application under subrule (25) at least 7 days before the date set for the mediation session, or b exceptional circumstances exist. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 191/2021, s. 20.] If application is granted 27 If an application under subrule (25) or (26) is granted, the registrar may order the person requesting to attend the mediation by telephone, video conference or other means of electronic communication to pay for the telephone call, video conference or other cost of that person's attendance. [en. B.C. Reg. 161/2022, s. 16.] How to apply for exemption 28 At least 14 days before the date set for the mediation session, a party may apply to a judge under Rule 16 (7) to exempt a claim from the application of this rule. [en. B.C. Reg. 251/2005, s. 3.] When a judge may grant an exemption 29 On an application under subrule (28), a judge may a exempt a claim from the application of this rule if i all of the parties have previously engaged in a mediation of the matters in issue, or ii it is unfair or impractical to require mediation, or b exempt one or more of the parties from attending the mediation session if, in the judge's opinion, it is unfair or impractical to require the party to attend. [en. B.C. Reg. 251/2005, s. 3.] Adjourning a mediation session 30 At least 7 days before the date set for the mediation session, a party may apply to the registrar to adjourn the mediation session and that party must give to the other parties whatever notice of the application the registrar may order. [en. B.C. Reg. 251/2005, s. 3.] Date may be changed to avoid hardship 31 The registrar may adjourn a mediation session under subrule (30) if the party applying for that adjournment satisfies the registrar that the original date is unreasonably inconvenient to the party, and, without limiting this, the registrar may determine that a date is unreasonably inconvenient to a party if a a family emergency renders the party unable to attend on the day set for the mediation session, or b the party is required to attend court on the day set for the mediation session. [en. B.C. Reg. 251/2005, s. 3.] Notice of change of date 32 If the registrar adjourns a mediation session under subrule (31), a the party who applied for the adjournment must give to the other parties whatever notice of the adjournment the registrar may order, and b the parties must jointly set a new date, satisfactory to the mediator, for the mediation session. [en. B.C. Reg. 251/2005, s. 3.] Costs of Mediation Fee declaration 33 The parties who attend the mediation session must complete and sign a fee declaration (Form 30) before, or at the beginning of, the mediation session. [en. B.C. Reg. 251/2005, s. 3.] Corporation may sign by representative 34 For the purposes of subrule (33), a party that is a corporation may sign the fee declaration by its representative. [en. B.C. Reg. 251/2005, s. 3.] Form of fee declaration 35 A fee declaration under subrule (33) must a disclose the cost of the mediation services, and b contain a declaration by the parties signing the fee declaration that the costs of the mediation will be paid i equally by all of the following who attend the mediation session or their insurers: A each claimant; B each defendant; C each third party, or ii on any other basis that has been agreed to by those parties and is specified in the fee declaration. [en. B.C. Reg. 251/2005, s. 3.] Costs may be paid on a different basis 36 The cost of the mediation must be paid on the basis set out a in the fee declaration, or b if the parties who signed the fee declaration agree to a different basis for sharing that cost and that basis is included in the mediation agreement referred to in subrule (48) (b), on the basis included in the mediation agreement. [en. B.C. Reg. 251/2005, s. 3.] Default If a party does not attend 37 If a party who is required to attend a mediation session does not attend the mediation session or does not sign a fee declaration before, or at the beginning of, the mediation session, a the mediator must i complete a verification of default (Form 31) in accordance with the instructions on the form, and ii give the completed form to the parties attending, and b any one of the parties attending the mediation session may file the completed verification of default at the registry. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (d).] What the registrar will do if a claimant does not attend 38 If a verification of default is filed in relation to a claimant in a proceeding, a the defendant in the proceeding may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claimant's claim, and b the registrar may make an order dismissing the claimant's claim. [en. B.C. Reg. 251/2005, s. 3.] If a defendant or insurer does not attend 39 A verification of default may be filed in relation to a defendant, including, without limitation, a defendant to a counterclaim and a defendant to a third party notice, in the following circumstances: a in the case of a motor vehicle action in relation to which the defendant is insured, a verification of default may be filed in relation to the defendant if the insurer of the defendant did not i attend the mediation session, or ii sign the fee declaration before, or at the beginning of, the mediation session; b in the case of a motor vehicle action in relation to which the defendant is not insured, a verification of default may be filed in relation to the defendant if the defendant did not i attend the mediation session, or ii sign the fee declaration before, or at the beginning of, the mediation session; c in the case of a motor vehicle action in relation to which there is a third party insurer, a verification of default may be filed in relation to the defendant if the third party insurer did not i attend the mediation session, or ii sign the fee declaration before, or at the beginning of, the mediation session; d in any other case, a verification of default may be filed in relation to the defendant if the defendant did not i attend the mediation session, or ii sign the fee declaration before, or at the beginning of, the mediation session. [en. B.C. Reg. 286/2005, s. 2 (e).] Application for default order 40 The following apply if a verification of default is filed under subrule (39): a if the verification of default is filed in relation to a defendant who is named as a defendant on the notice of claim, i the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if the defendant had not filed a reply and the claimant had completed the steps in Rule 6 (3), and ii the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge; b if the verification of default is filed in relation to a defendant to a counterclaim or a defendant to a third party notice, the party bringing the counterclaim or third party notice may apply under Rule 16 (7) for a default order under Rule 16 (6) (c). [en. B.C. Reg. 286/2005, s. 2 (e).] If no party attends 41 If no party attends a mediation session, a the mediator must complete a verification of default in accordance with the instructions on the form, and file the completed form at the registry, and b the registrar must make an order dismissing each disputed claim. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (f).] Cancellation of a dismissal or default order 42 A party against whom an order is made under subrule (38) (b), (39) (b) or (41) (b) for not attending a mediation session or for not signing a fee declaration before, or at the beginning of, the mediation session may apply under Rule 16 (7) to a judge to cancel the order, and the judge may cancel the order under Rule 16 (6) (j). [en. B.C. Reg. 251/2005, s. 3.] What application must contain 43 A party seeking an order under subrule (42) must attach to the application an affidavit containing the following: a the reason for not attending the mediation session or for failing to sign the fee declaration; b the reason for any delay, if there has been delay in filing the application; c the facts that support the claim or defence. [en. B.C. Reg. 251/2005, s. 3.] If a judge cancels a dismissal or default order 44 A judge who cancels a dismissal order or default order made under this rule may also do one or more of the following: a order that the disputed claims proceed to mediation on any terms the judge considers appropriate; b order the payment of any expenses incurred by the party or parties who did attend; c order that a settlement conference or trial be held; d make any other order that the judge considers appropriate in the circumstances. [en. B.C. Reg. 251/2005, s. 3.] Confidentiality of Mediation Information Disclosure and compellability 45 Subject to subrules (46) and (47), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session. [en. B.C. Reg. 251/2005, s. 3.] Exceptions 46 Subrule (45) does not apply a in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed, b to any mediation agreement or fee declaration made during or in connection with a mediation session, c to any threats of bodily harm made during or in connection with a mediation session, or d to any information that does not identify the parties and that is disclosed for research or statistical purposes only. [en. B.C. Reg. 251/2005, s. 3.] No restriction on otherwise producible information 47 Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings. [en. B.C. Reg. 251/2005, s. 3.] Concluding Mediation If the parties reach agreement on all or some issues 48 If the parties reach an agreement at mediation on all or some issues, a the mediator must complete a result of mediation form (Form 24) and file the completed form at the registry, and b the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement at the registry. [en. B.C. Reg. 251/2005, s. 3.] If payment terms are not complied with 49 If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money, a file an affidavit of non-compliance at the registry, and b after that, file a payment order at the registry for i the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or ii if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement. [en. B.C. Reg. 251/2005, s. 3.] If other terms are not complied with 50 If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may a if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file at the registry an affidavit of non-compliance and a payment order for that amount, or b if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2). [en. B.C. Reg. 251/2005, s. 3.] Mediation compensation order 51 A judge may make a mediation compensation order under subrule (50) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance. [en. B.C. Reg. 251/2005, s. 3.] If a dispute is not resolved 52 If the parties do not reach agreement at mediation on all the issues, a the mediator must complete a result of mediation form and file the completed form at the registry, and b after that, the registrar must set one of the following: i subject to subparagraph (iii), a settlement conference, if a settlement conference has not been completed; ii a trial, if a settlement conference has been completed; iii a trial conference, if the completed result of mediation form is filed at the Robson Square Small Claims Registry after November 25, 2007. [en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 360/2007, s. 6 (b).] Concluding a mediation 53 A mediation is concluded when a all issues are resolved, or b the mediator terminates the mediation. [en. B.C. Reg. 251/2005, s. 3.] 7.4 Repealed 1)-(4 Repealed. [B.C. Reg. 267/2018, s. 6.] Repealed 5)-(7 Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 3.] Repealed 8 Repealed. [B.C. Reg. 267/2018, s. 6.] Repealed 9)-(30 Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 6.] Repealed 31)-(46 Repealed. [B.C. Reg. 267/2018, s. 6.] 7.5 Trial Conferences Claims to which this rule applies 1 This rule applies to a claim that must be set for a trial conference if a the parties do not reach agreement at mediation on all the issues (see Rule 7.3 (52)), b Repealed. [B.C. Reg. 267/2018, s. 7 (b).] c an order is made under Rule 7 (14) (c.1) or 9.2 (13) (c), or d a settlement conference will not be held for a proceeding that was started by a notice of civil resolution tribunal claim (see Rule 7 (2.2)). [en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 3; 120/2017, Sch. 2, s. 23; 267/2018, s. 7.] Trial conference 2 Before a trial date is set, unless the setting of a trial date is otherwise ordered by a judge, a trial conference will be held on the date and at the time and place set by the registrar. [en. B.C. Reg. 161/2022, s. 17.] Notice of trial conference 3 The registrar must serve a notice of trial conference (Form 32) on the parties at least 30 days before the date set for the trial conference. [en. B.C. Reg. 360/2007, s. 7.] Changing a trial conference date 4 A party may change the date of a trial conference a by filing a consent to change the date under Rule 16 (1), or b by applying to the registrar (see Rule 16 (3)) for an order changing the date of the trial conference and giving to the other party whatever notice of the application the registrar may order. [en. B.C. Reg. 360/2007, s. 7.] Application to change date at least 7 days before trial conference 5 On an application made at least 7 days before the date set for the trial conference, the registrar may change the date of the trial conference if the registrar is satisfied that the original date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 7.] Application to change date within 7 days before trial conference 6 On an application made within 7 days before the date set for the trial conference, the registrar may change the date of the trial conference if a the registrar is satisfied that the original date is unreasonably inconvenient to the party, and b the application contains an explanation, satisfactory to the registrar, as to why it was not reasonably practicable for the party to bring an application at least 7 days before the date sent for the trial conference. [en. B.C. Reg. 360/2007, s. 7.] Unreasonably inconvenient 7 For the purposes of subrules (5) and (6), the registrar may determine that a date is unreasonably inconvenient to a party if a a family emergency renders the party unable to attend on the day set for the trial conference, b the party has a pre-arranged out-of-town commitment on the day set for the trial conference and that commitment cannot be changed due to travel requirements, c the party is required to attend court on the day set for the trial conference, or d the registrar otherwise determines that the date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 7.] Notice of change of date 8 If the registrar changes the date of a trial conference under subrule (5) or (6), a the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and b the registrar must promptly set a new date for the trial conference and serve a notice of trial conference (Form 32) on the parties specifying the new date, time and place for the trial conference. [en. B.C. Reg. 360/2007, s. 7.] What the parties must file before the trial conference 9 At least 14 days before the date set for the trial conference, each party must a complete a trial statement (Form 33) following the instructions on the form, and b file at the registry the trial statement with attached copies of all relevant documents. [en. B.C. Reg. 360/2007, s. 7.] Serving the trial statement on other parties 10 At least 7 days before the date set for the trial conference, each party must serve a copy of their trial statement and attachments on each of the other parties. [en. B.C. Reg. 360/2007, s. 7.] Who must attend the trial conference 11 All parties must have the individual who will be responsible for presenting their case at the trial attend the trial conference, which may be a the party, b a representative of the party if the party is not an individual, c a representative of an insurer if i the party has assigned all of the party's rights relevant to the claim to the insurer, or ii the insurer has a duty to do one or both of the following in relation to the party: A indemnify that party for liability arising out of a claim in the proceeding; B defend any claims made against that party in the proceeding, or d a lawyer or articling student. [en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 22.] When a party is not required to attend 12 A party is not required to attend the trial conference if a person attends on behalf of the party in accordance with subrule (11) (b), (c) or (d). [en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 23.] Representative attending must have authority to settle 12.1 If a person attends a trial conference on behalf of a party in accordance with subrule (11) (b), (c) or (d), a representative of the party attending the trial conference must have the authority to settle the claim. [en. B.C. Reg. 120/2017, Sch. 2, s. 24.] Lawyer or articling student may accompany attendee 13 A party or a representative of the party or an insurer may be accompanied by a lawyer or articled student at the trial conference. [en. B.C. Reg. 360/2007, s. 7.] Defendant may request a medical report 13.1 A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical practitioner or another person who is authorized under the Health Professions and Occupations Act to practise a designated health profession for an examination, to be paid for by the defendant. [en. B.C. Reg. 120/2017, Sch. 2, s. 24; am. B.C. Regs. 161/2022, s. 9; 128/2025, s. 4.] Medical report to be given to claimant and registry 13.2 After receiving the medical report from the medical practitioner or other person authorized under the Health Professions and Occupations Act to practise a designated health profession, the defendant must a submit the report to the registry at least 14 days before the date of the trial conference, and b serve a copy of the report on the claimant at least 7 days before the date of the trial conference. [en. B.C. Reg. 161/2022, s. 18; am. B.C. Reg. 128/2025, s. 4.] What happens at a trial conference 14 At a trial conference, a judge may do one or more of the following: a decide on any issues that do not require evidence; a.1 mediate any issues being disputed; b make a payment order or other appropriate order in the terms agreed to by the parties; c discuss any evidence that will be required and the procedure that will be followed if a trial is necessary; d order a party to produce any information in the manner the judge considers appropriate; e make an order respecting the evidence of experts, including i requiring that a party file and serve on the other parties an expert's report, with or without the necessity of the expert attending to be questioned, on such terms as the judge may direct, ii requiring the parties to secure an opinion from a jointly-retained independent expert, on such terms as the judge may direct, or iii requiring the parties' experts to attend court at the same time to respond to each other; f if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;

g order i the claimant to attend a medical practitioner or another person who is authorized under the Health Professions and Occupations Act to practise a designated health profession for an examination, to be paid for by the defendant, and ii the defendant A to serve on the claimant a copy of the medical report from the medical practitioner or other person authorized under the Health Professions and Occupations Act to practise a designated health profession at least 7 days before the trial date, and B to bring a copy of the medical report to the trial or submit it to the registry at least 14 days before the trial date; h make an order respecting time limits for the conduct of all or part of a trial; i dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it i is without reasonable grounds, ii discloses no triable issue, or iii is frivolous or an abuse of the court's process; j give a non-binding opinion on the probable outcome of the trial based on the materials before the judge at the trial conference; j.1 order that a trial is to be attended by telephone, video conference or other means of electronic communication; k Repealed. [B.C. Reg. 244/2015, Sch. 2, s. 4.] l make any other order for the just, speedy and inexpensive resolution of the claim. [en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 4; 120/2017, Sch. 2, s. 25; 161/2022, ss. 9, 19 and 20; 128/2025, s. 4.] If trial conference judge orders parties to attend trial by telephone, video conference or other means of electronic communication 14.1 If a judge at a trial conference orders that a trial is to be attended by telephone, video conference or other means of electronic communication, the judge must also direct how, and by what date, to submit and serve any records and other things on which a party intends to rely at trial. [en. B.C. Reg. 161/2022, s. 21.] If a party does not comply with orders made at the trial conference 15 If a party does not comply with any order under subrule (14) (d) to (h) made at a trial conference, a judge may at any time do one or more of the following: a adjourn a trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment; b order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance; c dismiss that party's claim, counterclaim, reply or third party notice. [en. B.C. Reg. 360/2007, s. 7.] If a payment order is made 16 If a payment order is made at a trial conference, Rule 11 (Payment of the Judgment) applies as though the payment order was made following a trial. [en. B.C. Reg. 360/2007, s. 7.] If a defendant or third party does not attend 17 If a defendant or third party does not attend the trial conference, either themselves or by a representative, the judge may a allow the claim, and b make a payment order or other appropriate order against that defendant or third party. [en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 24.] If a claimant does not attend 18 If a claimant does not attend the trial conference, either themselves or by a representative, the judge may dismiss the claim. [en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 24.] Trial conferences — transition 19 Despite Rule 7.5 (13.2) (a), if a notice of trial conference is dated October 2, 2022 or earlier, and if the trial conference is scheduled to take place on or after October 3, 2022, the defendant is not required to submit the medical report referred to in Rule 7.5 (13.2) to the registry before the trial conference. [en. B.C. Reg. 161/2022, s. 21.] 8 Changing or Withdrawing a Claim or Reply, Etc. Any filed document may be changed 1 Subject to subrule (1.1), anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party a without any permission, i at any time before the settlement conference begins, or ii if a settlement conference will not be held, at any time before the earliest of the following: A Repealed. [B.C. Reg. 267/2018, s. 9.] B a trial conference under Rule 7.5; C a trial under Rule 9.1 or 9.2, and b with the permission of a judge (see Rule 16 (7)), at any time after that. [am. B.C. Regs. 360/2007, s. 8; 120/2017, Sch. 2, s. 26; 267/2018, s. 9.] Proceeding started by notice of civil resolution tribunal claim — any filed document may be changed with permission of judge 1.1 If a proceeding was started by a notice of civil resolution tribunal claim, anything in the notice of civil resolution tribunal claim, reply or other document that has been filed by a party may be changed by the party that originally completed the document with the permission of a judge (see Rule 16 (7)). [en. B.C. Reg. 120/2017, Sch. 2, s. 27.] How to change a document 2 All changes must be underlined, initialled and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it. Filing and serving a revised document 3 A party who changes a filed document must a file a copy of the revised document at the registry, and b before taking any other step in the claim, serve a copy of the revised document on each party to the claim. If a revised document is served 3.1 A party who is served with a revised notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice a may, by following subrule (3), change a reply already filed by that party, or b may rely on a reply already filed by that party. [en. B.C. Reg. 148/97, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 28.] No default order for failure to change reply 3.2 No default order will be made solely because a party relies on a filed reply instead of changing that reply. [en. B.C. Reg. 148/97, s. 9.] Withdrawal of claim or other filed document 4 A party may withdraw a claim, counterclaim, reply or third party notice at any time by a filing a copy of the notice of withdrawal at the registry, and b promptly serving the notice on all the parties who were served with the claim, counterclaim, reply or third party notice. [en. B.C. Reg. 148/97, s. 9.] Repealed 5 Repealed. [B.C. Reg. 148/97, s. 9 (b).] Effect of withdrawing 6 A party who withdraws a claim, counterclaim, reply or third party notice may not at any time proceed with it or file another notice with respect to the claim or counterclaim without the permission of a judge (see Rule 16 (7)). [am. B.C. Reg. 148/97, s. 9.] Claimant can change amount of claim up to $35 000 7 A claimant who filed a notice of claim before June 1, 2017 may change that notice of claim to increase the amount of the claim to an amount that is more than $25 000 and not more than $35 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with Rule 1 (5). [en. B.C. Reg. 120/2017, Sch. 2, s. 29.] Defendant can change amount of counterclaim up to $35 000 8 A defendant who filed a reply that contained a counterclaim before June 1, 2017 may change that reply to increase the amount of the counterclaim to an amount that is more than $25 000 and not more than $35 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with Rule 4 (5). [en. B.C. Reg. 120/2017, Sch. 2, s. 29.] How to change amount of claim or counterclaim 9 In order to increase the amount of a claim under subrule (7) of this rule or the amount of a counterclaim under subrule (8), the party making that claim or counterclaim must change the notice of claim or reply in which the claim or counterclaim was made a by complying with subrule (2), and b by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change. [en. B.C. Reg. 251/2005, s. 4.] When notice of claim or reply may be changed 10 A notice of claim or reply may be changed under subrule (9) before or after a settlement conference without the permission of a judge, but must not be changed after a judgment has been granted, b the claim or counterclaim has been dismissed by a judge, c a default order has been issued by a judge or a registrar, or d the claim or counterclaim has been settled. [en. B.C. Reg. 251/2005, s. 4; am. B.C. Reg. 286/2005, s. 3.] Changed notice of claim or reply must be filed and served 11 After a notice of claim or reply is changed under subrule (9), it must be filed and served in accordance with subrule (3). [en. B.C. Reg. 251/2005, s. 4.] Reply may but need not be filed 12 Subrules (3.1) and (3.2) apply to a party who is served with a changed notice of claim or reply under subrule (11). [en. B.C. Reg. 251/2005, s. 4.] Repealed 13 Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 2.] 9 Witnesses How a witness is told to attend court 1 To summon a witness to court, a party must a complete a summons to witness (Form 8), following the instructions on the form, and b serve a copy of the summons on the witness at least 7 days before the date the witness is required to attend. Travelling and other attendance expenses 2 At the time the summons is served, the party summoning the witness must offer the witness a reasonable estimated travelling expenses for a summons to appear in person, or b for a summons to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance. [am. B.C. Reg. 161/2022, s. 22.] Summons not always necessary 3 If a witness will attend court voluntarily, a summons is not necessary. How to change a witness's method of attendance 3.1 A party or a witness may apply to a judge under Rule 16 (7.2) to change a witness's method of attendance. [en. B.C. Reg. 161/2022, s. 23.] Trial judge may change a witness's method of attendance 3.2 The trial judge may order a witness to attend court by any method of attendance that the trial judge considers appropriate in the circumstances. [en. B.C. Reg. 161/2022, s. 23.] What a witness served with a summons must do 4 A person who is served with a summons to witness must a attend court at the time and place stated on the summons, and b if the witness attends court in person, bring to court any records and other things required by the summons. [am. B.C. Reg. 161/2022, s. 24.] Summons may be cancelled or varied 5 A person who is served with a summons to witness may apply to a judge (see Rule 16 (7)) who may a cancel the summons if i the person is not needed as a witness, or ii it would be a hardship for the person to attend court, or b vary the summons to allow the witness to attend court by another method of attendance. [en. B.C. Reg. 161/2022, s. 25.] If a judge changes a witness's method of attendance 5.1 If a judge changes a witness's method of attendance, the judge a must direct the witness i how, and by what date, to submit and serve any records and other things, if the witness will not be attending in person, and ii where or how to attend, including by providing a telephone number or video conferencing information, if applicable, and b may order i the return of any money that was provided under subrule (2), or ii that the party summoning the witness pay for the witness's travelling expenses, telephone call, video conference or other reasonable estimated cost of the method of attendance. [en. B.C. Reg. 161/2022, s. 25.] If a summons is cancelled 6 A judge who cancels a summons to witness may make any other order that the judge thinks is fair, including an order changing the date of a trial or other hearing. If a witness does not obey a summons 7 A judge may issue a warrant (Form 9) for the arrest of a witness who does not attend court as required by a summons to witness if the judge is satisfied that a the summons was served on the witness, b the witness was offered i reasonable estimated travelling expenses, or ii other reasonable estimated costs of attendance by telephone, video conference or other means of electronic communication if the summons did not require the witness to appear in person, and c justice requires the presence of the witness. [am. B.C. Reg. 161/2022, s. 26.] Cancellation of warrant 8 If a witness named in a warrant attends court voluntarily, the warrant is cancelled. What the judge or justice may do when witness appears 9 If the witness's evidence is still required, a a judge or justice may release the witness on conditions set by the judge or justice, or b a judge may order the witness to be detained until the witness's presence is no longer required. [am. B.C. Reg. 191/2021, ss. 1 and 26.] 9.1 Simplified Trials for Claims up to $10 000 (Pilot Project — Robson Square and Richmond Small Claims Registries) Definition 1 In this rule, adjudicator means a judge or justice. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 1.] Application of this Rule Claims to which this rule applies 2 Subject to subrule (3), this rule applies to a claim if a the claim is made by way of a notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice and in respect of which i a reply is filed opposing all or part of the claim, or ii a response opposing all or part of the claim is continued as a reply, b the amount claimed in the notice of claim or notice of civil resolution tribunal claim that started the proceeding is $10 000 or less (not including interest and expenses), c the amount claimed in any counterclaim is $10 000 or less (not including interest and expenses), and d one of the following applies in relation to the claim: i the claim is part of a proceeding started by a notice of claim, the amount claimed is $5 000 or less (not including amounts abandoned under this rule, interest and expenses) and, after November 25, 2007, A the notice of claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or B the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry; ii the claim is part of a proceeding started by a notice of claim, the amount claimed is more than $5 000 and, on or after June 1, 2017, A the notice of claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or B the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry; iii the claim is part of a proceeding started by a notice of civil resolution tribunal claim and, on or after June 1, 2017, A the notice of civil resolution tribunal claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or B the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry. [en. B.C. Reg. 120/2017, Sch. 2, s. 31.] Claims to which this rule does not apply 3 This rule does not apply to a claim if a the claim is for damages for personal injury, or b Rule 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a trial under this rule. [en. B.C. Reg. 360/2007, s. 9.] When this rule ceases to apply 4 This rule ceases to apply to a claim if a the court file relating to the claim is transferred to another registry, or b the notice of claim, notice of civil resolution tribunal claim or reply is changed to increase the amount of the claim or counterclaim to more than $10 000, not including interest and expenses. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 32 and 33.] If the claim is for more than $10 000 5 A claimant who has a claim amounting to more than $10 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard under this rule. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.] How to abandon part of a claim 6 To abandon part of a claim, a claimant must say on the notice of claim or notice of civil resolution tribunal claim that the amount over $10 000 is abandoned. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 33 and 34.] Effect of abandoning part of a claim 7 Subject to subrule (10.1) or (11), a claimant who abandons part of a claim under subrule (6) may not at any time sue for that part. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 35.] If a counterclaim is for more than $10 000 8 A defendant who has a counterclaim amounting to more than $10 000, not including interest and expenses, may abandon part of the claim so it may be heard under this rule. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.] How to abandon part of a counterclaim 9 To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $10 000 is abandoned. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.] Effect of abandoning part of a counterclaim 10 Subject to subrule (10.2), a defendant who abandons part of a counterclaim may not at any time sue for that part. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 36.] Claimant can change amount of claim up to $10 000 10.1 A claimant who filed a notice of claim before June 1, 2017 and abandoned part of the claim so that the balance of the claim may be heard under this rule may change that notice of claim to increase the amount of the claim to an amount that is more than $5 000 and not more than $10 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with subrule (6). [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] Defendant can change amount of counterclaim up to $10 000 10.2 A defendant who filed a reply that contained a counterclaim before June 1, 2017 and abandoned part of the claim so that the balance of the claim may be heard under this rule may change that reply to increase the amount of the counterclaim to an amount that is more than $5 000 and not more than $10 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with subrule (9). [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] How to change amount of claim or counterclaim 10.3 In order to increase the amount of a claim under subrule (10.1) or the amount of a counterclaim under subrule (10.2), the party making that claim or counterclaim must change the notice of claim or reply in which the claim or counterclaim was made a by complying with Rule 8 (2), and b by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change. [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] When notice of claim or reply must not be changed 10.4 A notice of claim or reply must not be changed after a judgment has been granted, b the claim or counterclaim has been dismissed by a judge, c a default order has been issued by a judge or a registrar, or d the claim or counterclaim has been settled. [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] Changed notice of claim or reply must be filed and served 10.5 After a notice of claim or reply is changed under subrule (10.3), it must be filed and served in accordance with Rule 8 (3). [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] Reply may but need not be filed 10.6 Rule 8 (3.1) and (3.2) applies to a party who is served with a changed notice of claim or reply under subrule (10.5) of this rule. [en. B.C. Reg. 120/2017, Sch. 2, s. 37.] Effect if defendant does not abandon part of a counterclaim 11 If this rule does not apply to a claim because the defendant has a counterclaim amounting to more than $10 000 and does not abandon part of the claim so that it may be heard under this rule, the claimant may sue for the whole amount to which the claimant may be entitled. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.] Trial Date Notice of trial 12 If this rule applies to a claim, the registrar must a set the claim for trial under this rule, and b serve a notice of trial and blank trial statement (Form 33) on the parties to the claim at least 30 days before the date set for the trial. [en. B.C. Reg. 360/2007, s. 9.] How to change a trial date 13 A party may change a trial date a by filing a consent to change the date under Rule 16 (1), or b by i applying to the registrar (see Rule 16 (3)) for an order changing the date of the trial at least 7 days before the date set for the trial, unless the registrar orders otherwise, and ii giving to the other party whatever notice of the application the registrar may order. [en. B.C. Reg. 360/2007, s. 9.] Date may be changed to avoid unreasonable inconvenience 14 The registrar may change the date of the trial on an application made under subrule (13) (b) if the registrar is satisfied that the original date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 9.] Unreasonably inconvenient 15 For the purposes of subrule (14), the registrar may determine that a date is unreasonably inconvenient to a party if a a family emergency renders the party unable to attend on the day set for the trial, b the party has a pre-arranged out-of-town commitment on the day set for the trial and that commitment cannot be changed due to travel requirements, c the party is required to attend court on the day set for the trial, or d the registrar otherwise determines that the date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 9.] Notice of change of date 16 If the registrar changes the date of a trial under this rule, a the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and b the registrar must promptly set a new date for the trial and serve a notice of trial on the parties specifying the new date, time and place for the trial. [en. B.C. Reg. 360/2007, s. 9.] What the Parties Must Do Before the Trial What the parties must file before the trial 17 At least 14 days before the date set for the trial, each party must a complete a trial statement (Form 33) following the instructions on the form, and b file at the registry the trial statement with attached copies of all relevant documents. [en. B.C. Reg. 360/2007, s. 9.] Serving the trial statement on other parties 18 At least 7 days before the date set for the trial, each party must serve a copy of their trial statement and attachments on each of the other parties. [en. B.C. Reg. 360/2007, s. 9.] If a party does not comply with subrule (17) or (18) 19 If a party does not comply with subrule (17) or (18), an adjudicator may do one or both of the following: a adjourn the trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment; b order the trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance. [en. B.C. Reg. 360/2007, s. 9.] How a Trial is Conducted How a trial may be conducted 20 The trial is to be conducted a without complying with the formal rules of procedure and evidence, and b without limiting paragraph (a), in accordance with subrules (21) and (22) unless the adjudicator determines that there are reasons to conduct the trial with a formal examination and cross-examination of parties and witnesses. [en. B.C. Reg. 360/2007, s. 9.] Before a trial begins 21 An adjudicator must do the following before the trial begins: a review all documents filed by the parties; b determine whether the parties are able to settle the matter; c if the parties are able to settle the matter, make a payment order or other appropriate order in the terms agreed to by the parties. [en. B.C. Reg. 360/2007, s. 9.] How the trial is conducted 22 If the adjudicator determines that the parties are not able to settle the matter, the trial is to be conducted in accordance with the following: a at the beginning of the trial the adjudicator must have the parties take an oath or give an affirmation; b the adjudicator must ask the parties to state the facts related to the claim and file with the court any documents or other evidence on which the parties rely; c the adjudicator may allow a party to swear to the truth of the summary of facts set out in the party's filed trial statement; d the adjudicator must ask the parties to respond to each other; e the adjudicator may allow a party to call witnesses; f the adjudicator may receive evidence from an expert witness, or a witness with specialized knowledge, in the manner the adjudicator considers appropriate given the amount claimed and the complexity of the issues; g the adjudicator may allow a party or the party's lawyer or articling student to ask questions of another party or another party's witness; h the adjudicator may ask questions of the parties or other witnesses; i the adjudicator must allow a lawyer or articled student to make submissions for a party; j the adjudicator may receive evidence in any other way the adjudicator thinks is appropriate; k the adjudicator must review any relevant legislation and case law to which the parties refer; l the adjudicator may do one or more of the following: i at any time adjourn the trial; ii dismiss a claim, counterclaim or third party notice in whole or in part; iii make a payment order or other appropriate order. [en. B.C. Reg. 360/2007, s. 9.] Evidence to be sworn 23 All oral evidence must be given under oath or affirmation at the trial. [en. B.C. Reg. 360/2007, s. 9.] Length of trial 24 If the adjudicator cannot conclude the hearing of the evidence within the period of time scheduled for the trial, the adjudicator may a extend the trial beyond the time scheduled unless, in the adjudicator's opinion, extending the trial will unreasonably interfere with the next scheduled matter, or b adjourn the remainder of the trial. [en. B.C. Reg. 360/2007, s. 9.] Orders respecting completion of adjourned trial 25 If the adjudicator adjourns the trial under subrule (24), the adjudicator may make any order with respect to the completion of the trial that the adjudicator thinks is appropriate. [en. B.C. Reg. 360/2007, s. 9.] If a Party Does Not Attend the Trial If a defendant or third party does not attend 26 If a defendant or third party does not attend the trial, either themselves or by a representative, the adjudicator may a allow the claim, and b make a payment order or other appropriate order against that defendant or third party. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 24.] If a claimant does not attend 27 If a claimant does not attend the trial, either themselves or by a representative, the adjudicator may dismiss the claim. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 24.] Adjudicator's Decision Adjudicator's decision after the trial 28 The adjudicator must give a decision a in court orally at the end of the trial or on a later date within 30 days after the end of the trial, or b in writing served on the parties within 30 days after the end of the trial. [en. B.C. Reg. 360/2007, s. 9.] If the oral decision is given later 29 If an adjudicator's decision is to be given orally on a later date, the registrar must notify the parties of the date. [en. B.C. Reg. 360/2007, s. 9.] When written decision effective 30 An adjudicator's written decision is effective on the date it is filed at the registry. [en. B.C. Reg. 360/2007, s. 9.] Application of other Rules Application of other rules 31 For the purposes of applying Rules 8, 9, 11, 12, 16, 17 and 20 to a claim to which this rule applies, a reference in those Rules to a "judge" must be read as a reference to an "adjudicator". [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 161/2022, s. 27.] 9.2 Summary Trial for Financial Debt (Pilot Project — Robson Square Small Claims Registry) Claims to which this rule applies 1 This rule applies to a claim if a the claim is made by way of a notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice and in respect of which i a reply is filed opposing all or part of the claim, or ii a response opposing all or part of the claim is continued as a reply, b one of the following applies in relation to the claim: i the claim is part of a proceeding started by a notice of claim and, after November 25, 2007, A the notice of claim was filed at the Robson Square Small Claims Registry (Vancouver), or B the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver); ii the claim is part of a proceeding started by a notice of civil resolution tribunal claim and, on or after June 1, 2017, A the notice of civil resolution tribunal claim was filed at the Robson Square Small Claims Registry (Vancouver), or B the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver), c the court file relating to the claim has not been transferred to another registry, and d the claimant is in the business of lending money or extending credit and the claim is for a debt that arises from a loan of money or the extension of credit in the course of that business. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 38.] Notice of trial 2 If this rule applies to a claim, the registrar must a set the claim for trial under this rule, and b serve a notice of trial on the parties to the claim at least 30 days before the date set for the trial. [en. B.C. Reg. 360/2007, s. 9.] How to change a trial date 3 A party may change a trial date a by filing a consent to change the date under Rule 16 (1), or b by i applying to the registrar (see Rule 16 (3)) for an order changing the date of the trial at least 7 days before the date set for the trial, unless the registrar orders otherwise, and ii giving to the other party whatever notice of the application the registrar may order. [en. B.C. Reg. 360/2007, s. 9.] Date may be changed to avoid unreasonable inconvenience 4 The registrar may change the date of the trial on an application made under subrule (3) (b) if the registrar is satisfied that the original date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 9.] Unreasonably inconvenient 5 For the purposes of subrule (4), the registrar may determine that a date is unreasonably inconvenient to a party if a a family emergency renders the party unable to attend on the day set for the trial, b the party has a pre-arranged out-of-town commitment on the day set for the trial and that commitment cannot be changed due to travel requirements, c the party is required to attend court on the day set for the trial, or d the registrar otherwise determines that the date is unreasonably inconvenient to the party. [en. B.C. Reg. 360/2007, s. 9.] Notice of change of date 6 If the registrar changes the date of a trial under this rule, a the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and b the registrar must promptly set a new date for the trial and serve a notice of trial on the parties specifying the new date, time and place for the trial. [en. B.C. Reg. 360/2007, s. 9.] What the parties must file before the trial 7 At least 14 days before the date set for the trial, each party must file at the registry any contracts, statements of account, proofs of payment or other documents on which the party intends to rely at the trial. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 161/2022, s. 28.] What the parties must serve on the other parties before trial 8 At least 7 days before the date set for the trial, each party must serve a copy of the documents filed at the registry under subrule (7) on each of the other parties. [en. B.C. Reg. 360/2007, s. 9.] How evidence will be heard at a trial 9 A judge may conduct a trial without complying with the formal rules of procedure and evidence, and in doing so may a ask the parties to explain their cases, to respond to each other and to call witnesses, or b receive evidence in any other way the judge thinks is appropriate. [en. B.C. Reg. 360/2007, s. 9.] Evidence to be sworn 10 All oral evidence must be given under oath or affirmation. [en. B.C. Reg. 360/2007, s. 9.] If a defendant or third party does not attend 11 If a defendant or third party does not attend the trial, either themselves or by a representative, the adjudicator may a allow the claim, and b make a payment order or other appropriate order against that defendant or third party. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 24.] If a claimant does not attend 12 If a claimant does not attend the trial, either themselves or by a representative, the adjudicator may dismiss the claim. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 24.] Judge's decision at the trial 13 At the end of the trial, the judge must do one or more of the following: a make a payment order; b dismiss the claim, counterclaim or third party notice; c if, in the judge's opinion, the claim cannot be decided at a trial under this rule, i cancel the trial, and ii order that the claim be set for A a settlement conference under Rule 7, B a trial conference under Rule 7.5, or C a trial under Rule 9.1 or 10. [en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 244/2015, Sch. 2, s. 5.] Additional orders made by judge 14 If a judge makes an order under subrule (13) (c), the judge may make any other order for the just, speedy and inexpensive resolution of the claim. [en. B.C. Reg. 360/2007, s. 9.] 10 The Trial Claims to which this rule does not apply 0.1 This rule does not apply to a claim if Rule 9.1 or, subject to an order under Rule 9.2 (13) (c), Rule 9.2 applies to the claim. [en. B.C. Reg. 360/2007, s. 10 (a).] How evidence will be heard at a trial 1 A judge may conduct a trial without complying with the formal rules of procedure and evidence, and in doing so may a ask the parties to explain their cases, to respond to each other and to call witnesses (see Rules 7 (15) (b) and 7.5 (15) (b)), or b receive evidence in any other way the judge thinks is appropriate (see Rules 7 (15) (b) and 7.5 (15) (b)). [am. B.C. Regs. 148/97, s. 10; 360/2007, s. 10 (b) and (c).] Evidence to be sworn 2 All oral evidence must be given under oath or affirmation. Experts' evidence — advance notice of evidence required 3 A party may not call an expert to give evidence of the expert's opinion unless a the party serves a summary of the expert's evidence on all other parties at least 30 days before the expert is called to give evidence, or b a judge grants permission. Experts' reports must be given in advance 4 Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, if a the party serves a copy of the report on all other parties at least 30 days before the report is introduced, or b a judge grants permission. Experts' qualifications 5 A statement of qualifications in an expert's report is proof that the expert has those qualifications unless there is evidence to the contrary. Experts may be called for cross-examination 6 A party receiving another party's expert report may serve on the other party, at least 14 days before the trial date, a notice requiring the expert to attend the trial for cross-examination. Cost of calling other party's expert 7 If a judge determines that calling another party's expert was unnecessary, the judge may order the party who required the expert to attend to pay the expert's expenses. Estimates 8 Repair estimates and estimates of the value of property are not considered to be expert evidence, but must be served on all other parties at least 14 days before trial unless a judge orders otherwise. If a defendant does not attend 9 If a defendant or third party does not attend the trial, either themselves or by a representative, the judge may a allow the claim, and b make a payment order or other appropriate order against that defendant or third party. [am. B.C. Reg. 191/2021, s. 24.] If a claimant does not attend 10 If a claimant does not attend the trial, either themselves or by a representative, the judge may dismiss the claim. [am. B.C. Reg. 191/2021, s. 24.] Judge's decision after the trial 11 The judge must give a decision a in court orally at the end of the trial or on a later date, or b in writing. If the decision is given later 12 If a judge's decision is to be given orally on a later date, the registrar must notify the parties of the date. When decision effective 13 A judge's written decision is effective on the date it is filed at the registry. 10.1 Offer to Settle Claims to which this rule does not apply 0.1 This rule does not apply to a claim if a Rule 9.1 applies to the claim, or b the proceeding was started by a notice of civil resolution tribunal claim. [en. B.C. Reg. 120/2017, Sch. 2, s. 39.] Any party may offer to settle 1 A party may offer to settle one or more claims by a completing an offer to settle (Form 18), and b serving the party to whom the offer is made with the completed offer to settle as if it were a notice of claim (see Rule 2). [en. B.C. Reg. 148/97, s. 11.] Time limit for offering to settle 2 An offer to settle under subrule (1) must be served on the party to whom the offer is made a within 30 days after the conclusion of the settlement conference or the conclusion of a trial conference, whichever happens first, or b at a later time, if permitted by a judge. [en. B.C. Reg. 148/97, s. 11; am. B.C. Regs. 172/2003, s. 3; 360/2007, s. 11 (b); 267/2018, s. 10.] How an offer is accepted 3 If a party served with an offer to settle under subrule (2) wishes to accept the offer in full settlement of the claim, interest and expenses, that party must a complete an acceptance of offer (Form 19), and b within 28 days after being served with the offer, serve the party who made the offer with the completed acceptance as if it were a notice of claim (see Rule 2). [en. B.C. Reg. 148/97, s. 11.] Acceptance of offer deemed to be a payment order 4 If a party served with an acceptance of offer files the offer and the acceptance in the registry, the acceptance is deemed to be a payment order. [en. B.C. Reg. 148/97, s. 11.] If an offer is rejected by claimant 5 The trial judge may order a claimant to pay the defendant a penalty if the claimant a does not accept an offer to settle made by the defendant under subrule (1), and b is awarded at trial an amount, including interest and all expenses, that equals or is less than the defendant's offer. [en. B.C. Reg. 148/97, s. 11.] If an offer is rejected by defendant 6 The trial judge may order a defendant to pay the claimant a penalty if a the defendant does not accept an offer to settle made by the claimant under subrule (1), and b the claimant is awarded at trial an amount, including interest and all expenses, that equals or exceeds the claimant's offer. [en. B.C. Reg. 148/97, s. 11.] Amount of penalty 7 A penalty under subrule (5) or (6) is in addition to any other expenses or penalties, and may be up to 20% of the amount of the offer to settle. [en. B.C. Reg. 148/97, s. 11.] What the judge must consider 8 When deciding the amount of a penalty under subrule (5) or (6), a judge must consider a the difference between the amount awarded at trial and the amount of the offer to settle, b the interest of the parties in proceeding to trial to determine the credibility of witnesses or a point of law, and c the time when the offer was made. [en. B.C. Reg. 148/97, s. 11.] Other offers to settle 9 An offer to settle may be made and accepted after the time limit in this Rule for offering or accepting a settlement has passed, but in that case a judge may not impose a penalty under subrule (5) or (6). [en. B.C. Reg. 148/97, s. 11.] Money paid into court after garnishing order 10 A defendant may include in an offer to settle a term that money paid into court as a result of a garnishing order be paid to the claimant. [en. B.C. Reg. 148/97, s. 11.] Disclosure to judge 11 A party may disclose any offer to settle made under this Rule a to the settlement conference judge, and b to the trial judge, but only after that judge has given a final decision on the amount to be awarded. [en. B.C. Reg. 148/97, s. 11.] Multiple defendants 12 If 2 or more defendants are sued together, a a claimant may not make an offer to settle except jointly to all defendants, and b a defendant may not make an offer to settle except jointly with all other defendants. [en. B.C. Reg. 148/97, s. 11.] Multiple claimants 13 If there are 2 or more claimants, a separate offer to settle may be made by or to each of them. [en. B.C. Reg. 148/97, s. 11.] Counterclaims and third party claims 14 This rule applies to claims, counterclaims and third party claims. [en. B.C. Reg. 148/97, s. 11.] Third party claims 15 If a defendant accepts an offer to settle made by a third party, a the third party must pay the amount of the offer into court, and b that amount may only be taken out of court by order of a judge or with the consent of all parties. [en. B.C. Reg. 148/97, s. 11.] 10.2 Repealed 1)-(7 Repealed. [B.C. Reg. 207/2025, App., s. 3.] Contents 261_93_00 Rules 1 to 5 261_93_01 Rules 6 to 10.2 261_93_02 Rules 11 to 15 261_93_03 Rules 16 to 22 261_93_04 Schedule A 261_93_05 Schedule B 261_93_06 Schedules C, D and E 261_93_07