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| {{REVIEWED LSLAP | date= August 6, 2021}} | | {{REVIEWED LSLAP | date= August 12, 2022}} |
| {{LSLAP Manual TOC|expanded = smallclaims}} | | {{LSLAP Manual TOC|expanded = smallclaims}} |
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| == A. CRT Small Claims Decisions and Appeals == | | == A. CRT Small Claims Decisions and Appeals == |
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| In small claims disputes, the CRT will provide the final decision by the date communicated by the case manager to the parties, and provide any orders resolving the dispute after the time for filing a Notice of Objection has passed. The CRT Chair may extend the time allowed for providing a final decision and orders resolving the dispute but will notify the parties of that change. A final decision or order can include an order for a party to pay money, an order requiring a party to do or stop doing something, and any order, terms or conditions the CRT considers appropriate. The tribunal’s decisions will be binding and may be enforceable as court orders once they are filed with either the BC Provincial Court or BC Supreme Court.
| | A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. The standard of review is variable because courts have struggled with the interpretation of s 58 of the Administrative Tribunals Act. As such, different standards of review apply to different types of cases. For example, the standard of review for CRT decisions on strata property matters is correctness. Generally speaking, the standard of review is correctness unless the decision relates to: |
| | * findings of fact for which the finding must either be unreasonable or made without any evidence to support it; |
| | * discretionary decisions for which the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute; or |
| | * natural justice and procedural fairness which are considered with the tribunal’s mandate in mind (Administrative Tribunals Act, SBC 2004, c 45, s 58(2)).C |
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| To object to a CRT small claims decision, not including a default decision, a party must within 28 days of receiving a Notice of Final Decision, submit a completed Notice of Objection Form to the CRT and pay the required fee (''CRTA'', s 56.1). Once a Notice of Objection Form has been submitted, the CRT will provide the parties with a copy of the Notice of Objection Form and a Certificate of Completion indicating that the parties have completed the tribunal’s process. The CRT cannot issue an order in a small claims dispute until the deadline for filing a Notice of Objection expires (''CRTR'', Rule 9.2(2).
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| If a Notice of Objection is filed, the CRT decision is not enforceable. If any party wants to continue any of the claims that were included in the dispute, that party must file a Notice of CRT Claim in the BC Provincial Court. Once filed, the filing party must serve the Notice of CRT Claim on the other parties. The CRT will provide a Certificate of Completion to all the parties. The Certificate of Completion must be included with the Notice of CRT Claim, or the Provincial Court registry will not accept it. If the Notice of Claim is accepted, a new process with the BC Provincial Court will proceed, including a settlement conference or pre-trial conference and a trial.
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| If the CRT has adjudicated a claim or made an order for payment of case management expenses, and a person has filed a Notice of Objection, the Provincial Court may order a party to pay a deposit for some or all of the amount of the CRT decision (''CRTA'', s 56.3). If the person who filed the Notice of Objection does not have a better outcome in the BC Provincial Court than in the CRT’s decision, the BC Provincial Court may order that party to pay a penalty to the other party. While it is rare, parties can technically seek the judicial review of their small claims case if there is an issue of, for example, procedural fairness.
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| == B. Appealing from Small Claims Court == | | == B. Appealing from Small Claims Court == |
