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Difference between revisions of "Small Claims Default Order (20:VII)"
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Small Claims Default Order (20:VII) (view source)
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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
== 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) 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) providing a completed Proof of Notice Form, and | |||
c) paying the required fee to request a default decision and order. | |||
However, 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. | |||
The Request for Default and Order form can be found at the following link: https://civilresolutionbc.ca/wp-content/uploads/2017/05/CRT-Request-For-Default-Order.pdf. | |||
== B. Small Claims Court == | |||
If a defendant chooses not to defend a claim, the claimant wins by default. Evidence of the defendant’s choice not to defend the claim can include the defendant’s failure to file a Reply. | If a defendant chooses not to defend a claim, the claimant wins by default. Evidence of the defendant’s choice not to defend the claim can include the defendant’s failure to file a Reply. | ||
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A default order can also be obtained if a defendant does not attend a mediation session (Rules 7.2(25), 7.3(40), and 7.4(34). If the defendant does not attend a settlement conference (Rule 7(17)), trial conference (Rule 7.5(17)), or trial (Rules 9.1(26), 9.2(11), and 10(9)), the judge or justice of the peace may grant a payment order instead of the claimant having to apply for a default order. | A default order can also be obtained if a defendant does not attend a mediation session (Rules 7.2(25), 7.3(40), and 7.4(34). If the defendant does not attend a settlement conference (Rule 7(17)), trial conference (Rule 7.5(17)), or trial (Rules 9.1(26), 9.2(11), and 10(9)), the judge or justice of the peace may grant a payment order instead of the claimant having to apply for a default order. | ||
== | === 1. Requesting a Default Order === | ||
Unless the defendant was served outside of British Columbia or the court has otherwise ordered, a defendant has fourteen full days to file a Reply. This does not include the date the Notice of Claim was served and the date that the Application for Default Order is filed (Rule 17(10)). | Unless the defendant was served outside of British Columbia or the court has otherwise ordered, a defendant has fourteen full days to file a Reply. This does not include the date the Notice of Claim was served and the date that the Application for Default Order is filed (Rule 17(10)). | ||
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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 (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 (Rule 6(9)). | ||
== | === 2. Setting Aside Default Orders and Reinstating Claims === | ||
If a party obtains a default order or a hearing for assessment of damages is scheduled, the party in default can apply to a judge to set aside the default order (Rules 16(6)(j) and 17(2)) and file a Reply (Rule 16(6)(d)). The party in default must file the application as soon as possible upon learning of the default order and attach to the application an affidavit containing (See Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'' (1979), 10 BCLR 58 (Co. Ct.) [''Miracle Feeds'']): | If a party obtains a default order or a hearing for assessment of damages is scheduled, the party in default can apply to a judge to set aside the default order (Rules 16(6)(j) and 17(2)) and file a Reply (Rule 16(6)(d)). The party in default must file the application as soon as possible upon learning of the default order and attach to the application an affidavit containing (See Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'' (1979), 10 BCLR 58 (Co. Ct.) [''Miracle Feeds'']): | ||
