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. 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 has the power and discretion under the Civil Resolution Tribunal Act and Rules to allow fees and dispute-related expenses, so long as they are reasonable (See ''Civil Resolution Tribunal Act'' [CRTA], SBC 2012, c 25, s 49).  As for fees charged by a lawyer or another representative in the tribunal dispute process, the tribunal will not order such fees or expenses except in extraordinary cases (''Civil Resolution Tribunal Rules'' [CRTR], Rule 9.4(3)). 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.

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). There is '''no further appeal from a Supreme Court order''' (SCA, s 7).

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