Small Claims Default Order (20:VII): Difference between revisions
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Small Claims Default Order (20:VII) (view source)
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 6, 2021}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
== A. Civil Resolution Tribunal == | == A. Civil Resolution Tribunal == | ||
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 | ||
*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, | |||
*if the applicant served the Dispute Notice, providing a completed Proof of Notice Form, and | * 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, | ||
*paying the required fee to request a default decision and order. | * if the applicant served the Dispute Notice, providing a completed Proof of Notice Form, and | ||
* paying the required fee to request a default decision and order. | |||
However, 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. | However, 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. | ||
=== 1. Requesting Cancellation of a Default Order === | === 1. Requesting Cancellation of a Default Order === | ||
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, | 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, | b) providing a completed Dispute Response Form if one has not already been provided to the tribunal, | ||