What is the difference between small claims court and civil court?
Civil litigation is a legal process for resolving private disputes between individuals, business, or other entities that do not involve criminal charges. People engaged in civil litigation are looking for legal remedies such as financial compensation rather than criminal punishment. Common examples of civil litigation are contract disputes, personal injury claims, and employment disputes.
In British Columbia, Small Claims Court is part of the civil court system and deals specifically with cases that have a monetary value of $5,001 up to $35,000. If the claim is less than $5,001, it is usually resolved at the Civil Resolution Tribunal. If the claim is over $35,000, then it will be dealt with in Supreme Court.
In Alberta, small claims are cases that involve an amount of up to $100,000.00. These claims can only be heard in the Court of Justice. Any claim exceeding $100,000.00 must be heard in the Court of King’s Bench.
If an individual’s claim exceeds $100,000.00, they have two options: they can abandon the portion over $100,000.00 and proceed in the Court of Justice, or they can have their matter heard in the Court of King’s Bench. The Court of Justice process is generally faster and streamlined, while the Court of King’s Bench is more complex and costly.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
