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Difference between revisions of "Responding to a Small Claim (20:VI)"
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Responding to a Small Claim (20:VI) (view source)
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If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''. | If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''. | ||
== A. Civil Resolution Tribunal | == A. Civil Resolution Tribunal == | ||
A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form, provide the Dispute Response Form to the tribunal, and pay the required fee (See [['''Appendix I: Civil Resolution Tribunal Fees'''|Civil_Resolution_Tribunal_Fees_(20:App_I)]]). CRT forms can be accessed on their website at https://civilresolutionbc.ca/resources/forms/. | A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form, provide the Dispute Response Form to the tribunal, and pay the required fee (See [['''Appendix I: Civil Resolution Tribunal Fees'''|Civil_Resolution_Tribunal_Fees_(20:App_I)]]). CRT forms can be accessed on their website at https://civilresolutionbc.ca/resources/forms/. | ||
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==== c) Adding a Third Party through the Civil Resolution Tribunal ==== | ==== c) Adding a Third Party through the Civil Resolution Tribunal ==== | ||
Unless | Unless the tribunal directs otherwise, a respondent who believes another person is responsible for a claim can request resolution of the claim against that other person, often referred to as a “third party claim” by: | ||
*indicating in a completed Dispute Response Form that the respondent will apply for dispute resolution against the other person, | *indicating in a completed Dispute Response Form that the respondent will apply for dispute resolution against the other person, | ||
*completing an Additional Claim Form identifying the other person and describing any claims against that person, | *completing an Additional Claim Form identifying the other person and describing any claims against that person, | ||
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==== b) Consent ==== | ==== b) Consent ==== | ||
Where, by express or implied agreement, a claimant knew of and understood the risk | Where, by express or implied agreement, a claimant knew of and understood the risk they were incurring and voluntarily assumed that risk, the defendant will not be liable. Because voluntary assumption of risk is a complete defence, it is very difficult to prove. | ||
==== c) Criminality ==== | ==== c) Criminality ==== | ||
Where a claimant stands to profit from criminal behaviour or compensation would amount to avoidance or disavowal of a criminal sanction, the claimant cannot recover damages ([http://canlii.ca/t/1fs4g ''Hall v Hebert'', [1993<nowiki>]</nowiki> 2 SCR 159]; [http://canlii.ca/t/1vmgv ''British Columbia v Zastowny'', [2008<nowiki>]</nowiki> 1 SCR 27]). This is narrowly construed and a claimant should read [http://canlii.ca/t/1vmgv ''Hall v Hebert''] before relying upon it. | Where a claimant stands to profit from criminal behaviour or compensation would amount to an avoidance or disavowal of a criminal sanction, the claimant cannot recover damages ([http://canlii.ca/t/1fs4g ''Hall v Hebert'', [1993<nowiki>]</nowiki> 2 SCR 159]; [http://canlii.ca/t/1vmgv ''British Columbia v Zastowny'', [2008<nowiki>]</nowiki> 1 SCR 27]). This is narrowly construed and a claimant should read [http://canlii.ca/t/1vmgv ''Hall v Hebert''] before relying upon it. | ||
==== d) Inevitable Accident ==== | ==== d) Inevitable Accident ==== | ||
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The first step in replying to a claim by an entity such as a real estate management company is to establish whether the claimant was licensed with the Real Estate Board. | The first step in replying to a claim by an entity such as a real estate management company is to establish whether the claimant was licensed with the Real Estate Board. | ||
== | == E. Filing a Reply == | ||
The Reply must be filed in the same registry where the Notice of Claim was filed (''SCR'', Rule 3(3)). There is a filing fee except where the defendant admits and agrees to pay the entire claim or obtains a fee waiver. | The Reply must be filed in the same registry where the Notice of Claim was filed (''SCR'', Rule 3(3)). There is a filing fee except where the defendant admits and agrees to pay the entire claim or obtains a fee waiver. | ||
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Generally, a Reply cannot be filed late however, in practice, the registry may allow a Reply to be filed late as long as the registrar has not made a default order or set a date for a hearing (''SCR'', Rule 3(4)(b)). | Generally, a Reply cannot be filed late however, in practice, the registry may allow a Reply to be filed late as long as the registrar has not made a default order or set a date for a hearing (''SCR'', Rule 3(4)(b)). | ||
== | == F. Serving a Reply == | ||
The registry will serve the Reply and Counterclaim, if any, on each of the other parties (''SCR'', Rules 3(5) and 5(6)). | The registry will serve the Reply and Counterclaim, if any, on each of the other parties within 21 days (''SCR'', Rules 3(5) and 5(6)). | ||
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