Defence Application to Transfer Action to Small Claims Court Denied
A common issue that arises in motor vehicle claims is whether to commence an action in BC Supreme Court or Provincial Court (also referred to as Small Claims Court). In this province, the BC Supreme Court has broader authority and discretion than the Provincial Court. Motor vehicle claims, however, can be heard by either level of court. Claims for damages in Provincial Court, however, are limited to $25,000. Persons who wish to commence an action should carefully consider the nature of their injuries and the respective amount of damages. Damages may include money for pain and suffering, loss of income, and possible future cost of care.
On September 21, 2011, the BC Supreme Court released the decision of KOONER V. SINGH. The plaintiff in this case was injured after he was struck by the defendant’s vehicle. The plaintiff commenced an action against the defendant in BC Supreme Court. The defendant, however, brought an application to transfer the case to Provincial Court. The BC Supreme Court dismissed the defendant’s application.