2,734
edits
Difference between revisions of "Small Claims Default Order (20:VII)"
From Clicklaw Wikibooks
Small Claims Default Order (20:VII) (view source)
Revision as of 22:58, 22 November 2022
, 22:58, 22 November 2022→A. Civil Resolution Tribunal
| Line 5: | Line 5: | ||
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. | ||
| Line 15: | Line 15: | ||
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 | ||
| Line 27: | Line 27: | ||
* 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 '''Section VI.D: Defences'''). | The requesting party has the burden to provide sufficient evidence on the factors above (see '''Section VI.D: Defences'''). | ||
== B. Small Claims Court == | == B. Small Claims Court == | ||
