Difference between revisions of "Small Claims Appeals (20:XVI)"

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== A. CRT Small Claims Decisions and Appeals ==

In small claims disputes, the tribunal will provide the final decision by the date communicated by case manager to the parties, and provide any orders resolving the dispute after the time for filing a Notice of Objection has passed and only if no objection has been made. The tribunal 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 tribunal considers appropriate. The tribunal may make an award of expenses but not for legal costs. 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.

To object to a tribunal small claims decision, 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 tribunal and pay the required fee (s. 56.1 of the CRTA). Once a Notice of Objection Form has been submitted, the tribunal 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. The Notice of Objection Form can be found at the following link: https://civilresolutionbc.ca/wp-content/uploads/2017/06/FORM-Notice-of-Objection-June-6-2017.pdf.

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

If the civil resolution tribunal 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 (s. 56.2 of the CRTA). 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.

It should be noted that appeals of tribunal strata property decisions go through the BC Supreme Court and thus procedure for these matters differs. See s. 56.5 of the CRTA for more information.

== B. Appealing from Small Claims Court ==

Any party to a proceeding may appeal to the Supreme Court an order to allow or dismiss a claim if the judge made the order after a trial (SCA, s 5). An appeal must be started within 40 days, beginning on the day after the order of the Provincial Court is made (SCA, s 6). A review of the order under appeal may be on questions of fact or law (SCA, s 12(a)). A mistake of fact could involve a misunderstanding by the Judge of evidence given by a witness. For example, if a witness reported that a particular event happened and in the decision the Judge bases his/her decision on the fact that event didn’t happen, there could be a basis for an appeal. A mistake of law occurs where the Judge makes an error in deciding which law should apply. Not every error made by a Small Claims Court judge will be the basis for a successful appeal. The test which the Supreme Court Judge must apply is called the “clearly wrong test”. If the Small Claims Court judge’s decision about the facts or the law is not clearly wrong, the appeal will fail. An appeal is usually not a new trial; it will be based on the transcripts of the trial in Small Claims Court. The Supreme Court may, however, exercise its discretion to hear the appeal as a new trial (SCA, s 12(b)). No new evidence may be adduced at the appeal without leave of the court. (See Practice Direction: Standard Directions for Appeals from Provincial Court - Small Claims Act SCA, s 10).

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If an order dismissing a claim is appealed to the Supreme Court, that appeal does not automatically appeal the counterclaim to the Supreme Court, nor vice versa. Each appeal is a separate matter and needs to be filed separately in the Supreme Court. Both appeals will, of course, be heard together. (See ''Shaughnessy v Roth'', 2006 BCSC 531 (CanLII)).

== A. Filing an Appeal ==

=== 1. Filing an Appeal ===

You must act quickly if you wish to appeal a decision as there are many steps involved and only a short a period of time. Within 40 days of the order being made (SCA, s 6), an appellant must, in one day, do all of the following:

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For a detailed checklist of the steps you must take to make an appeal, please see [[Small_Claims_Appeal_(20:App_N) | Appendix N]].

== B. The Decision of the Supreme Court ==

=== 2. The Decision of the Supreme Court ===

On hearing an appeal, the Supreme Court may make any order that could be made by the Provincial Court, impose reasonable terms and conditions on an order, make any additional order it considers just, and award costs to any party under the ''Supreme Court Civil Rules''. (See BC Reg 168/2009 and amendments thereto).

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 {{LSLAP Manual TOC|expanded = smallclaims}}
+== A. CRT Small Claims Decisions and Appeals ==
+In small claims disputes, the tribunal will provide the final decision by the date communicated by case manager to the parties, and provide any orders resolving the dispute after the time for filing a Notice of Objection has passed and only if no objection has been made. The tribunal 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 tribunal considers appropriate. The tribunal may make an award of expenses but not for legal costs.   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.
+To object to a tribunal small claims decision, 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 tribunal and pay the required fee (s. 56.1 of the CRTA). Once a Notice of Objection Form has been submitted, the tribunal 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. The Notice of Objection Form can be found at the following link: https://civilresolutionbc.ca/wp-content/uploads/2017/06/FORM-Notice-of-Objection-June-6-2017.pdf.
+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
+If the civil resolution tribunal 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 (s. 56.2 of the CRTA). 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.
+It should be noted that appeals of tribunal strata property decisions go through the BC Supreme Court and thus procedure for these matters differs. See s. 56.5 of the CRTA for more information.
+== B. Appealing from Small Claims Court ==
 Any party to a proceeding may appeal to the Supreme Court an order to allow or dismiss a claim if the judge made the order after a trial (SCA, s 5). An appeal must be started within 40 days, beginning on the day after the order of the Provincial Court is made (SCA, s 6). A review of  the order under appeal may be on questions of fact or law (SCA, s 12(a)). A mistake of fact could involve a misunderstanding by the Judge of evidence given by a witness. For example, if a witness reported that a particular event happened and in the decision the Judge bases his/her decision on the fact that event didn’t happen, there could be a basis for an appeal. A mistake of law occurs where the Judge makes an error in deciding which law should apply. Not every error made by a Small Claims Court judge will be the basis for a successful appeal. The test which  the Supreme Court Judge must apply is called the “clearly wrong test”. If the Small Claims Court judge’s decision about the facts or the law  is not clearly wrong, the appeal will fail. An appeal is usually not a new trial; it will be based on the transcripts of the trial in Small Claims Court. The Supreme Court may, however, exercise its discretion to hear the appeal as a new trial (SCA, s 12(b)). No new evidence may be adduced at the appeal without leave of the court. (See Practice Direction: Standard Directions for Appeals from Provincial Court - Small Claims Act SCA, s 10).
@@ Line 7: / Line 18: @@
 If an order dismissing a claim is appealed to the Supreme Court, that appeal does not automatically appeal the counterclaim to the Supreme  Court, nor vice versa. Each appeal is a separate matter and needs to be filed separately in the Supreme Court. Both appeals will, of course, be heard together. (See ''Shaughnessy v Roth'', 2006 BCSC 531 (CanLII)).
-== A. Filing an Appeal ==
+=== 1. Filing an Appeal ===
 You must act quickly if you wish to appeal a decision as there are many steps involved and only a short a period of time. Within 40 days of the order being made (SCA, s 6), an appellant must, in one day, do all of the following:
@@ Line 25: / Line 36: @@
 For a detailed checklist of the steps you must take to make an appeal, please see [[Small_Claims_Appeal_(20:App_N) | Appendix N]].
-== B. The Decision of the Supreme Court ==
+=== 2. The Decision of the Supreme Court ===
 On hearing an appeal, the Supreme Court may make any order that could be made by the Provincial Court, impose reasonable terms and conditions  on an order, make any additional order it considers just, and award costs to any party under the ''Supreme Court Civil Rules''. (See BC Reg 168/2009 and amendments thereto).

Difference between revisions of "Small Claims Appeals (20:XVI)"

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