Who can use it?
- For
- Person asking a Small Claims judge or justice for an authorized order
- Court rules
- Rule 16(6)–(12); Rule 17 for certain orders
When do you need Form 17?
Form 17 is used to ask a Small Claims judge or justice for an order listed in Rule 16(6) or (6.1). Examples include asking to cancel a default order, change a payment schedule or change a method of attendance. Some Form 17 applications require a hearing; others may be decided without one. The judge or justice can still direct a hearing in a matter ordinarily handled without one. Some routine requests instead use Form 16: Application to a Registrar. Check which rule authorizes your specific request.
What to prepare
Describe the requested order precisely; set out the facts and supporting documents; identify affected parties.
Use the names, addresses and court file number already on your case. Keep the documents and calculations together, and make copies for everyone who needs them. Filling in a form does not prove your case.
File the form and give copies to others
Complete and file Form 17 at the registry under Rule 16(7) or (7.2). Address for service: If you have not previously filed an Address for Service (Form 38), complete and file Form 38 and serve a copy on each other party with your application, as the official Form 17 requires. For an application with a hearing, Rule 16(9) normally requires the applicant to serve the application itself and any required affidavit on affected parties at least 7 days before the hearing (with a specified third-party default exception). Supporting documents have their own filing and service requirements under Rule 16(9.1) and (9.3).
For an application that may be decided without a hearing, follow the official form, the correct part of Rule 16 and any directions about notice. Do not automatically apply the hearing-specific 7-day rule to a no-hearing application. If a judge or justice orders a hearing, the court may direct whom to serve under Rule 16(6.3).
Urgency: A registrar may allow an application under Rule 16(6) to proceed without prior service when satisfied it is urgent (Rule 16(10)). Calling something urgent does not make the exception automatic. The provincial Filing Assistant can help prepare certain forms but cannot give legal advice.
Deadlines and fees
Timing: For an ordinary hearing application, count back at least 7 days for the application and supporting materials. A person responding with documents normally has a 2-business-day filing and service deadline. Special orders, directions and urgent applications can differ (Rule 16(9)–(10)).
Fees: Check Schedule A and possible expenses; not every judge application has the same fee.
If you must give a copy to another person, follow the delivery rules for that form. Write down when and how you delivered it. Filing a form with the court is different from giving it to someone else. Estimate ordinary CRT / original Court claim costs. This calculator does not cover every special form or every way to collect money after a judgment.
Watch out for this mistake
Assuming an application stays a hearing, changes an order or can be decided without proper notice automatically.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.
Already have an order? Three different requests
- An order made without you, other than a default or dismissal order: Rule 17(1) lets you ask a judge to change or cancel it if you apply within a reasonable time and have a good reason.
- A default or dismissal order: Under Rule 17(2), attach an affidavit to your Form 17 explaining (a) why you did not reply or attend the relevant court event, (b) why you delayed applying, if you did, and (c) the facts supporting your claim or defence. The judge decides whether to cancel the order.
- Only the payment schedule needs changing: A creditor or debtor may ask a judge to change or cancel payment terms under Rule 17(3). Explain what payments are now possible and why the schedule should change.
These are not the same as submitting Form 5 to obtain a first default order. A pending Form 17 application does not itself confirm that an existing court order has changed. Follow Rule 16's notice and materials deadlines for a hearing and any specific directions from the court.
If your Form 17 application has a hearing
- Applicant: File records with a Form 39 cover sheet at least 7 days before the hearing (Rule 16(9.1)), unless the registrar allows the urgent procedure.
- Applicant: Serve those records on affected parties and any other persons specified in Rule 16(9.3) at least 7 days before the hearing, subject to the urgent exception.
- Person responding: If you want to oppose the application, attend the hearing (Rule 16(9.4)). To rely on your own documents, file them with Form 39 and serve those documents on affected parties and persons at least 2 business days before the hearing (Rule 16(9.5)).
If you ask to cancel a default or dismissal order, Rule 17(2) also calls for an affidavit explaining the circumstances; do not assume Form 17 alone is enough. See Rules 16–17.