The Civil Resolution Tribunal, a.k.a. Small Petty Claims Court

Starting on June 1, 2017, BC’s Civil Resolution Tribunal will begin to hear small claims disputes under $5,000. The Civil Resolution Tribunal has been the subject of a lot of ridicule in our office because it’s years past its original launch date, we hear it’s well over budget, its merely duplicating what is basically already covered by small claims court and finally and most importantly because it lacks the fact-finding methods of a real court. Being a tribunal, we worry that independence of the tribunal will be a problem as we’ve seen with the OSMV.  It may also encourage nuisance claims. So although it has adopted the acronym CRT for Civil Resolution Tribunal, in our office we call it Small Petty Claims Court.

This is a revolutionary change to the small claims procedure and as we’ve pointed out time and again here on our blog, revolutions (as we saw with the IRP scheme) never work out the way people plan. Still, for now we remain optimistic.

A Notice of Objection can be filed if a party disagrees with the decision made by the Tribunal. This has the effect of automatically making the CRT decision unenforceable.

In any event, we wish everyone involved good luck with this bold step in trying to solve very small claims. To assist everyone in understanding how this will work, we’ve done some investigation and we’re here to tell you a little about it.

Did you get sick from a bad piece of beef jerky? The CRT is where you may find justice.

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How BC’s Civil Resolution Tribunal Will Hear Your Small Claims

Starting on June 1, 2017, BC’s Civil Resolution Tribunal will begin to hear small claims disputes under $5,000. The process is largely online.

In its current form, the CRT will only hear small claims involving amounts of $5,000 or less. Small claims disputes involving amounts between $5,001 and $35,000 will be heard in BC Provincial Court. The types of cases the CRT will hear include disputes over contracts, debts, personal injury, personal property and consumer issues.

Submitting a Dispute Application Form

Applicants will generally use an online “Solution Explorer” tool that asks for a series of answers such as what type of claim is being sought, and provides answers on whether or not the Civil Resolution Tribunal is the proper place to hear the claim. This process will complete an online Dispute Application Form, which is then sent to the CRT. Offline application forms are not available for download, and must be requested separately. Application fees range from $100 for a claim involving $3,000 or less, or $150 if the claimed amount falls between $3,000 and $5,000.

The CRT offers a $25 discount on fees if applications and responses are filed online.

Receiving the Dispute Notice Package

Once the application is filed, the CRT will issue a Dispute Notice, ask for more information, or reject the application. If the application is accepted, the applicant will receive a Dispute Notice Package, which includes a number of forms for the next step.

There is generally a two-year time limit on filing a claim, starting from the day of the alleged incident that led to the claim. This time limit varies depending on the claim being made. The Dispute Notice contained in the package serves as an initiating document, which puts the time limit on hold until the end of the CRT’s proceedings.

Providing Notice to Respondents

It is then incumbent on the applicant to provide a Dispute Notice and a blank Dispute Response Form to every respondent named in the dispute. The applicant has 90 days to serve the Notice and Response Form. After providing the Notice and Response form to respondents, the applicant then has 10 days to complete and return a Proof of Notice to the CRT.

Respondents who have received a Dispute Notice are entitled to 14 days to provide their Response to the Tribunal. Respondents are also given an opportunity to add counter claims when filling out the Dispute Response Form. Failing to provide a Response to the CRT can result in a default order made against the respondent. There is a $25 fee to file a Response, but that fee is waived if the Response is completed online.

Facilitation Begins

After the Proof of Notice has been received and a respondent has provided their response, or the deadline for responding has passed, the case will be referred to a CRT facilitator. The facilitator serves as a case manager, mediator and communications liaison, and will attempt to find an early resolution with input from all parties involved. The facilitator can provide a non-binding neutral evaluation of the case, and can provide their views on how the Tribunal will likely resolve the claim. If an agreement can be reached, the facilitator can also draft a Consent Resolution Order to be signed by a Tribunal member as an early resolution to the claim.

If an agreement cannot be reached, a fee of $50 will be required to put the matter before a Tribunal member for a decision. Work then begins on a Tribunal Decision Plan.

The Tribunal Decision Plan

The Plan is a document of sorts that a Tribunal member will review when hearing the case. The facilitator will assist all parties involved to identify their claims, requested remedies, and list any issues previously resolved during the facilitation process.

The facilitator will then assist the parties involved to list out their information, evidence and records supporting their claims, and exchange this information between all sides of the dispute. Other pieces of information in the Plan can include a statement of key facts identified by the facilitator, whether the parties involved agree with those facts; and any summons information should one of the parties choose to call on a witness. Parties involved will also be given a chance to add their own submissions, and respond to submissions made by the other side.

The Hearing

Once a Tribunal Decision Plan has been made, the case is submitted to the Tribunal for a decision. The case is put into queue, and the CRT will appoint a Tribunal member to the case at its earliest opportunity.

The CRT typically decides cases through the written submissions, but oral hearings can be held with the approval of the Tribunal. Oral hearings can be heard in-person, via telephone, or video conference. The CRT will generally make its decision within a month of the hearing.

The Decision

If there is a monetary award made, the Tribunal is expected to calculate a daily rate of post-judgement interest and prepare an Order Document. The decision will be provided to the parties involved. The Order Document will be withheld for another 40 days to give the parties involved a chance to object to the decision, before it is sent out as well.

Enforcement of a Decision

If a Notice of Objection to a decision is not filed within 28 days of the decision, the successful party can then file the Order Document at the BC Provincial Court to have the order enforced.

Filing a Notice of Objection

A Notice of Objection can be filed if a party disagrees with the decision made by the Tribunal. This has the effect of automatically making the CRT decision unenforceable. However, the case can still be brought to the BC Provincial Court, where a trial conference or a settlement conference may be conducted. There is a fee of $200 to file a Notice of Objection.

If a Default Decision was Made

This can happen when respondents in a dispute fail to respond to a Dispute Notice, or were otherwise non-compliant to the Civil Resolution Tribunal Act. To obtain a default decision, claimants must request one after completing and submitting a Proof of Notice form. A $30 fee applies when requesting a default order.

To dispute a default decision, the disputant must complete a Request for Cancellation of Final Decision or Dismissal Form. The fee for this is $50. The Tribunal will consider factors such as whether illness or some other cause beyond the party’s control was significant in why that party did not respond.

Filing a Notice of Exemption

If a respondent who has received a Dispute Notice does not want the Tribunal to hear the case, the respondent can apply in BC Provincial Court for a Notice of Exemption. This has to be done within 14 days of filing their response to the CRT. If the Provincial Court grants the Notice of Exemption, the CRT will refuse to hear the dispute.

For more information, visit civilresolutionbc.ca.