Small Claims Default Order (20:VII): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 31, 2024}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
A default order is a court or tribunal decision that is available to apply for when the opposing party fails to respond to the dispute notice or Notice of Claim by the required date. However, it is good practice to take extra measures to ensure the opposing party is truly electing not to respond. Even if a default order is granted, the party in default generally has a low bar to meet when applying to cancel it. | |||
== A. Civil Resolution Tribunal == | == A. Civil Resolution Tribunal == | ||
A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal by | A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal by | ||
:(a) providing a completed Request for Default Decision and Order form together with supporting evidence of dispute-related expenses and the value of non-debt claims, | |||
:(b) if the applicant served the Dispute Notice, providing a completed Proof of Notice Form, and | |||
:(c) paying the required fee to request a default decision and order. | |||
If the applicant’s claim is for something other than debt, they will need to provide evidence to support their requested remedy. An applicant must request a default decision within 21 days of being requested to do so, or the tribunal may dismiss or refuse to resolve the application. | If the applicant’s claim is for something other than debt, they will need to provide evidence to support their requested remedy. An applicant must request a default decision within 21 days of being requested to do so, or the tribunal may dismiss or refuse to resolve the application. | ||
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If the party in default seeks to cancel the default order, they may request the cancellation of a default order by | If the party in default seeks to cancel the default order, they may request the cancellation of a default order by | ||
:(a) completing and submitting the Request for Cancellation of Final Decision or Dismissal Form, | |||
:(b) providing a completed Dispute Response Form if one has not already been provided to the tribunal, | |||
:(c) providing evidence to support their request, | |||
:(d) paying the required fee, and | |||
:(e) following any other directions provided by the tribunal. | |||
The tribunal will consider several factors when deciding whether to cancel a default order. In reviewing the request for cancellation, a tribunal member will consider whether | The tribunal will consider several factors when deciding whether to cancel a default order. In reviewing the request for cancellation, a tribunal member will consider whether | ||
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* 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 (effective May 1, 2021)'', Rule 10.2). | ||
The requesting party has the burden to provide sufficient evidence on the factors above (see | 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]]). | ||
== B. Small Claims Court == | == B. Small Claims Court == | ||
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Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | ||
If the default order is canceled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant traveling expenses, and lost wages that were incurred only as a result of the cancellation. | If the default order is canceled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant traveling expenses, and lost wages that were incurred only as a result of the cancellation. | ||
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