Who can use it?
- For
- Party seeking CRT adjudication exemption
- Court rules
- Rules 16–22
When do you need Form 36?
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
State grounds and facts precisely; gather all initiating notices and all CRT responses relevant to the proceeding.
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
Important for this form: Under Rule 16.1, Form 36 is filed at a allowed Small Claims Registry with copies of all relevant initiating notices and responses. The 14-day application time runs from the CRT response received or made by the applicant, and the prescribed filing fee is $125. Rule 16.1(5) has a separate advance-service requirement for affected parties; check the issued hearing date.
File at the correct Small Claims registry with the Rule 16.1 documents and fee; serve a copy on each affected party before the hearing.
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: Rule 16.1(3): generally file within 14 days after the applicant received or made the relevant CRT response; Rule 16.1(5): serve at least 7 days before the hearing.
Fees: Schedule A filing an application for exemption: $125.
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
Treating a desire to use Court as automatic grounds for exemption, or citing the wrong rule for the application.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.