Peter: according to Making a Claim Small Claims Procedure Guide - Procedures Guides - Small Claims - Court Services - Ministry of Justice "You can file the completed notice of claim form by mail at the court registry nearest to either: where the defendant lives or carries on business; or where the event that led to the claim happened."
So, yes, since Port Hardy has a Court Registry, it would likely have to be there. That said, the mailing address listed for Browning Pass Hideaway (on their website) is in Nanaimo. That is substantially closer than Port Hardy -- and may be a suitable argument to say that they "carry on business" there.
On the upside, the claim can be filed by mail and notice served by registered mail.
Collecting a large sum could be challenging. Collecting a few thousand should be accomplishable without too much challenge, though it may require further court orders (tools available through SCC).
In general, BC Small Claims Court is tainted towards anyone who seems wronged -- the legal loopholes aren't as prevalent and the goal is certainly to come to an amicable solution.
So, yes, since Port Hardy has a Court Registry, it would likely have to be there. That said, the mailing address listed for Browning Pass Hideaway (on their website) is in Nanaimo. That is substantially closer than Port Hardy -- and may be a suitable argument to say that they "carry on business" there.
On the upside, the claim can be filed by mail and notice served by registered mail.
Collecting a large sum could be challenging. Collecting a few thousand should be accomplishable without too much challenge, though it may require further court orders (tools available through SCC).
In general, BC Small Claims Court is tainted towards anyone who seems wronged -- the legal loopholes aren't as prevalent and the goal is certainly to come to an amicable solution.