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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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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
If a party is responding to a claim over $5,000, proceed to Section VI.B.: Possible Strategies. | |||
== A. Possible Strategies == | == 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). A Dispute Response Form can be found at the following link: | |||
https://civilresolutionbc.ca/wp-content/uploads/2017/06/FORM-Response-Individual-May-2017.pdf. | |||
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. See Section VII. Default Order for more information | |||
For more information on Counterclaims or adding Third Parties through the CRT see Section VI. B.: Possible Strategies. | |||
== B. Possible Strategies == | |||
=== 1. Notify Insurance Company === | === 1. Notify Insurance Company === | ||
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Once served, the claimant (now a defendant by counterclaim) must follow the same rules as replying to a Notice of Claim (Rule 5(7)). The claimant should review this section of the guide in its entirety. | Once served, the claimant (now a defendant by counterclaim) must follow the same rules as replying to a Notice of Claim (Rule 5(7)). The claimant should review this section of the guide in its entirety. | ||
=== 6. Third Party === | === 6. Counterclaims through the Civil Resolution Tribunal === | ||
Once served, the claimant (now a defendant by counterclaim) must follow the same rules as replying to a Notice of Claim . The claimant should review this section of the guide in its entirety. | |||
Unless a facilitator directs otherwise, within 30 days of providing the Dispute Response Form to the tribunal, a respondent can request a “counterclaim” by: | |||
(a) indicating in a completed Dispute Response Form that the respondent will add at least one claim in the dispute; | |||
(b) completing an Additional Claim Form; | |||
(c) providing the Additional Claim Form to the tribunal; and | |||
(d) paying the required fee to add a claim (see Appendix I: Civil Resolution Tribunal Fees). | |||
=== 7. Third Party === | |||
If the defendant who has filed a Reply believes that a person or legal entity other than the claimant should pay all or part of the claim, he or she may make a claim against that other party by completing a Third Party Notice (Form 3). If a settlement conference, mediation session, or a trial conference has not been held, leave of the court is not required (Rule 5(1)(a)). If any of these have been held, the defendant must apply to the court for an order permitting the counterclaim to be filed against the third party (Rule 5(1)(b)). | If the defendant who has filed a Reply believes that a person or legal entity other than the claimant should pay all or part of the claim, he or she may make a claim against that other party by completing a Third Party Notice (Form 3). If a settlement conference, mediation session, or a trial conference has not been held, leave of the court is not required (Rule 5(1)(a)). If any of these have been held, the defendant must apply to the court for an order permitting the counterclaim to be filed against the third party (Rule 5(1)(b)). | ||
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Once served, a third party must follow the same rules as replying to a Notice of Claim (Rule 5(7)). The third party should review this section of the guide in its entirety. | Once served, a third party must follow the same rules as replying to a Notice of Claim (Rule 5(7)). The third party should review this section of the guide in its entirety. | ||
==== c) Adding a Third Party through the Civil Resolution Tribunal ==== | |||
Unless a facilitator 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: | |||
(a) indicating in a completed Dispute Response Form that the respondent will apply for dispute resolution against the other person, | |||
(b) completing an Additional Claim Form identifying the other person and describing any claims against that person, | |||
(c) providing the Additional Claim Form to the tribunal, and | |||
(d) paying the required fee to add a claim (see Appendix I: Civil Resolution Tribunal Fees). | |||
A respondent who adds an additional party to a claim must complete the steps for applying for CRT Dispute Resolution, except the time frame for providing notice to the other person is 30 days instead of 90 days and the original Dispute Notice and any responses must be provided along with the Dispute Notice for the additional claims. | |||
== B. Time Limits == | == B. Time Limits == | ||
