Small Claims Default Order (20:VII) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:29Z

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	{{REVIEWED LSLAP \| date= ~~12 August~~ 2025}}		{{REVIEWED LSLAP \| date= 11 July 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP: /* 2. Setting Aside Default Orders and Reinstating Claims */

2025-09-29T15:33:45Z

2. Setting Aside Default Orders and Reinstating Claims

← Older revision		Revision as of 15:33, 29 September 2025
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	The party in default must show that:		The party in default must show that:

	* the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy ''(Miracle Feeds'', supra; ''[http://canlii.ca/t/1zt5x Hubbard v Acheson]'', 2008 BCSC 970; ''[http://canlii.ca/t/20rz1 ''McEvoy v McEachnie]'', 2008 BCSC 1273; ''[http://canlii.ca/t/213m6 Anderson v T.D. Bank]'', 70 BCLR 267 (BC CA); ''[http://canlii.ca/t/24c11 Doyle v Lunny Design and Production Group Inc.]'', 2009 BCSC 925; and ''[http://canlii.ca/t/1d43b Innovest Development Corp. (Receiver of) v Lim]'', 1999 CanLII 5356 (BCSC));		* the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy ''(Miracle Feeds'', supra; ''[http://canlii.ca/t/1zt5x Hubbard v Acheson]'', 2008 BCSC 970; ''[http://canlii.ca/t/20rz1 McEvoy v McEachnie]'', 2008 BCSC 1273; ''[http://canlii.ca/t/213m6 Anderson v T.D. Bank]'', 70 BCLR 267 (BC CA); ''[http://canlii.ca/t/24c11 Doyle v Lunny Design and Production Group Inc.]'', 2009 BCSC 925; and ''[http://canlii.ca/t/1d43b Innovest Development Corp. (Receiver of) v Lim]'', 1999 CanLII 5356 (BCSC));
	* the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (''[http://canlii.ca/t/23whc Camnex Marketing Inc. v Aberdeen Financial Group]'', 2009 BCSC 763);		* the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (''[http://canlii.ca/t/23whc Camnex Marketing Inc. v Aberdeen Financial Group]'', 2009 BCSC 763);
	* if there has been a delay in applying to set aside the default order, an explanation for the delay; and		* if there has been a delay in applying to set aside the default order, an explanation for the delay; and

LSLAP at 15:32, 29 September 2025

2025-09-29T15:32:17Z

← Older revision		Revision as of 15:32, 29 September 2025
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	* a reasonable explanation of any delay in filing the application;		* a reasonable explanation of any delay in filing the application;
	* the facts supporting the claim, counterclaim, or defence; and		* the facts supporting the claim, counterclaim, or defence; and
	* why permitting the order would be in the interests of justice (''SCR'', Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'', [1979] 10 BCLR 58 (Co. Ct.) [Miracle Feeds]; [http://canlii.ca/t/gk0z0 ''Nichol v Nichol'', 2015 BCCA 278]).		* why permitting the order would be in the interests of justice (''SCR'', Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'', [1979] 10 BCLR 58 (Co. Ct.) [Miracle Feeds]; ''[http://canlii.ca/t/gk0z0 Nichol v Nichol]'', 2015 BCCA 278).

	The party in default must show that:		The party in default must show that:

	* the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy ''(Miracle Feeds'', supra; [http://canlii.ca/t/1zt5x ''Hubbard v Acheson'', 2008 BCSC 970]; [http://canlii.ca/t/20rz1 ''McEvoy v McEachnie'', 2008 BCSC 1273]; [http://canlii.ca/t/213m6 ''Anderson v T.D. Bank'', 70 BCLR 267 (BC CA)]; [http://canlii.ca/t/24c11 ''Doyle v Lunny Design and Production Group Inc.'', 2009 BCSC 925]; and [http://canlii.ca/t/1d43b ''Innovest Development Corp. (Receiver of) v Lim'', 1999 CanLII 5356 (BCSC)]);		* the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy ''(Miracle Feeds'', supra; ''[http://canlii.ca/t/1zt5x Hubbard v Acheson]'', 2008 BCSC 970; ''[http://canlii.ca/t/20rz1 ''McEvoy v McEachnie]'', 2008 BCSC 1273; ''[http://canlii.ca/t/213m6 Anderson v T.D. Bank]'', 70 BCLR 267 (BC CA); ''[http://canlii.ca/t/24c11 Doyle v Lunny Design and Production Group Inc.]'', 2009 BCSC 925; and ''[http://canlii.ca/t/1d43b Innovest Development Corp. (Receiver of) v Lim]'', 1999 CanLII 5356 (BCSC));
	* the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order ([http://canlii.ca/t/23whc ''Camnex Marketing Inc. v Aberdeen Financial Group'', 2009 BCSC 763]);		* the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (''[http://canlii.ca/t/23whc Camnex Marketing Inc. v Aberdeen Financial Group]'', 2009 BCSC 763);
	* if there has been a delay in applying to set aside the default order, an explanation for the delay; and		* if there has been a delay in applying to set aside the default order, an explanation for the delay; and
	* if the party in default is the defendant, there is a defence that is not bound to fail.		* if the party in default is the defendant, there is a defence that is not bound to fail.

LSLAP: /* A. Civil Resolution Tribunal */

2025-09-22T17:37:50Z

A. Civil Resolution Tribunal

← Older revision		Revision as of 17:37, 22 September 2025
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	* the requesting party’s failure to respond to the Dispute Notice or to comply with the Act, rules, or regulations was willful or deliberate,		* the requesting party’s failure to respond to the Dispute Notice or to comply with the Act, rules, or regulations was willful or deliberate,
	* the request was made as soon as reasonably possible after the requesting party learned about the decision and order, and		* the request was made as soon as reasonably possible after the requesting party learned about the decision and order, and
	* the Dispute Response Form shows a defence that has merit or is at least worth investigating, in the case of a default decision (''Civil Resolution Tribunal Rules'', Rule 10.2).		* the Dispute Response Form shows a defence that has merit or is at least worth investigating, in the case of a default decision (''[https://civilresolutionbc.ca/wp-content/uploads/CRT-Standard-Rules-in-force-February-20-2024.pdf Civil Resolution Tribunal Rules]'', Rule 10.2).

	The requesting party has the burden to provide sufficient evidence on the factors above (see [[Responding_to_a_Small_Claim_(20:VI)\|Section VI.D: Defences]]).		The requesting party has the burden to provide sufficient evidence on the factors above (see [[Responding_to_a_Small_Claim_(20:VI)\|Section VI.D: Defences]]).

Nate Russell: review confirmed 2025

2025-08-28T23:56:18Z

review confirmed 2025

← Older revision		Revision as of 23:56, 28 August 2025
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	{{REVIEWED LSLAP \| date= ~~July 31, 2024~~}}		{{REVIEWED LSLAP \| date= 12 August 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP at 20:33, 12 August 2025

2025-08-12T20:33:31Z

← Older revision		Revision as of 20:33, 12 August 2025
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	If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).		If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).

	At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date ("SCR", Rule 6(5.1)).		At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date (''SCR'', Rule 6(5.1)).

	=== 2. Setting Aside Default Orders and Reinstating Claims ===		=== 2. Setting Aside Default Orders and Reinstating Claims ===

LSLAP at 20:32, 12 August 2025

2025-08-12T20:32:48Z

← Older revision		Revision as of 20:32, 12 August 2025
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	If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).		If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).

	At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date (SCR, Rule 6(5.1)).		At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date ("SCR", Rule 6(5.1)).

	=== 2. Setting Aside Default Orders and Reinstating Claims ===		=== 2. Setting Aside Default Orders and Reinstating Claims ===

LSLAP at 20:31, 12 August 2025

2025-08-12T20:31:59Z

← Older revision		Revision as of 20:31, 12 August 2025
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	* the requesting party’s failure to respond to the Dispute Notice or to comply with the Act, rules, or regulations was willful or deliberate,		* the requesting party’s failure to respond to the Dispute Notice or to comply with the Act, rules, or regulations was willful or deliberate,
	* the request was made as soon as reasonably possible after the requesting party learned about the decision and order, and		* the request was made as soon as reasonably possible after the requesting party learned about the decision and order, and
	* the Dispute Response Form shows a defence that has merit or is at least worth investigating, in the case of a default decision (''Civil Resolution Tribunal Rules ~~(effective May 1, 2021)~~'', Rule 10.2).		* the Dispute Response Form shows a defence that has merit or is at least worth investigating, in the case of a default decision (''Civil Resolution Tribunal Rules'', Rule 10.2).

	The requesting party has the burden to provide sufficient evidence on the factors above (see [[Responding_to_a_Small_Claim_(20:VI)\|Section VI.D: Defences]]).		The requesting party has the burden to provide sufficient evidence on the factors above (see [[Responding_to_a_Small_Claim_(20:VI)\|Section VI.D: Defences]]).
Line 50:		Line 50:
	If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).		If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).

	At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)).		At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date (SCR, Rule 6(5.1)).

	=== 2. Setting Aside Default Orders and Reinstating Claims ===		=== 2. Setting Aside Default Orders and Reinstating Claims ===

LSLAP at 17:51, 7 August 2024

2024-08-07T17:51:46Z

← Older revision		Revision as of 17:51, 7 August 2024
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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= July 31, 2024}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

Clicklaw Editor at 18:24, 19 September 2023

2023-09-19T18:24:35Z

← Older revision		Revision as of 18:24, 19 September 2023
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	{{REVIEWED LSLAP \| date= ~~September 8~~, 2023}}		{{REVIEWED LSLAP \| date= June 24, 2023}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

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