Appeals from Small Claims Court
To start an appeal of a Small Claims decision you must file a Notice of Appeal in Form 74. (If for some reason you require a special procedure to apply to your appeal, which is rare, then you must file a Notice of Appeal in Form 73 where you explain why you need a special procedure).
You must pay a deposit of $200 with the registrar of the Supreme Court when you file your notice of appeal. This is “security” for a potential costs award if you lose your appeal (see Costs). If you lose your appeal and a costs award is made against you, this money will go to the other side to cover part of that award. If you win your appeal it will be returned to you.
You must file the Notice of Appeal and serve it on the other parties.
You must also order and pay for a transcript of any evidence given at the Provincial Court hearing, as well as the reasons for judgment of the provincial court. For more information on how to order a transcript, see here.
To oppose an appeal from a small claims court, you must file a Notice of Interest in Form 70, and you must also serve a copy of the filed Notice of Interest on the appellant.
Within 45 days of filing the Notice of Appeal, the appellant must file the transcripts from the Provincial Court with the Supreme Court, serve a copy of the transcripts on anyone who has filed a notice of interest, and file and serve a Statement of Argument.
At least 14 days before the hearing of the appeal, any person who filed a Notice of Interest must also file and serve a Statement of Argument.
Find the Form
Form 74 Notice of Appeal
Form 70 Notice of Interest
The form for the statement of argument can be found in Practice Direction 21 – Standard Directions for Appeals from Provincial Court – Small Claims Act.
Read the Rules
Part 2 of the Small Claims Act of BC
Supreme Court Rule18-3 - Procedure for appealing a Small Claims Decision.
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