Who can use it?
- For
- Party in relevant mediation default
- Court rules
- Rules 6–10.2
When do you need Form 23?
Before using this form, check that your case belongs in Provincial Court and that this form fits your situation. Read the current court rule and official form. Most eligible claims of $5,000 or less start with the Civil Resolution Tribunal, not a new Court Notice of Claim. Some kinds of claims follow different rules.
What to prepare
Identify the missed obligation and what order is requested: dismissal, default debt order or a hearing for a non-debt matter.
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
Form 23 is for the specific mediation-default procedures under Rule 7.3(37)–(40), not an ordinary failure to file a Reply (which uses a different default process). Rule 7.3 generally concerns eligible claims over $10,000 and up to $35,000 only when mediation was properly initiated, and it has exclusions (Rules 7.3(2)–(8)). A mediator must first complete Form 31 for the qualifying attendance or fee-declaration default; the appropriate party then follows the relevant Form 23 or judicial-application process.
Follow the wording and instructions on the official form. You may need to give different copies to different people. The provincial Filing Assistant can help you fill out certain forms. It cannot tell you whether your case belongs in this court or whether your filing will be accepted.
Deadlines and fees
Timing: Specific mediation-default conditions apply. Check that Form 31 has been filed before proceeding.
Fees: Schedule A filing a request for judgment or dismissal: $25.
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
Requesting default judgment simply because a defendant did not file a Reply.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.