Miscellaneous Consumer Protection Legal Information (11:VIII): Difference between revisions

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== H. Civil Resolution Tribunal ==
== H. Civil Resolution Tribunal ==


British Columbia's new Civil Resolution Tribunal Act, SBC 2012, c 25, establishes a new dispute resolution body, the Civil Resolution Tribunal. The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort.
British Columbia's new ''Civil Resolution Tribunal Act'', SBC 2012, c 25 (''CRTA''), establishes a new dispute resolution body, the Civil Resolution Tribunal (CRT). The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort.


The Civil Resolution Tribunal is able to resolve (and has initial exclusive jurisdiction of):
:'''NOTE:''' The CRT is relatively new and has been subject to ongoing amendments to its enacting legislation and associated regulations. Therefore, it is advisable to double check with the ''CRTA'' and its regulations to ensure that a potential claim can be brought under the CRT.


Small claims disputes up to a maximum value of $5,000 for
The CRT is able to resolve (and has initial exclusive jurisdiction of):
*debt or damages;
*recovery of personal property;
*specific performance of an agreement relating to personal property or services; or
*relief from opposing claims to personal property


Claims related to motor vehicle accidents up to $50,000 (''Civil Resolution Tribunal Act'' s 133), such as:
:Small claims disputes up to a maximum value of $5,000 (which is referred to as the “tribunal small claims” under s 118 of the CRTA, the amount of which is set under s 3 of the ''Tribunal Small Claims Regulation'', BC Reg 232/2018) for:
*damages for injuries suffered due to a motor vehicle accident
** Debt or damages;
*determination whether an injury is a minor injury for the purposes of the Insurance Act
** Recovery of personal property;
*damage to property (such as a vehicle) incurred due to a motor vehicle accident
** Specific performance of an agreement relating to personal property or services; or
** Relief from opposing claims to personal property.


:Claims related to motor vehicle accidents up to $50,000 (which is referred to as the “tribunal limit amount” under s 133 of the ''CRTA'', the amount of which is set under s 7 of the ''Accident Claims Regulation'', BC Reg 233/2018), such as:
** Damages for injuries suffered due to a motor vehicle accident
** Determination whether an injury is a minor injury for the purposes of the ''Insurance (Vehicle) Act''
** Damage to property (such as a vehicle) incurred due to a motor vehicle accident.


Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as
:Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as
*non-payment of monthly strata fees or fines;
** Non-payment of monthly strata fees or fines;
*unfair actions by the strata corporation or by people owning more than half of the strata lots in a complex;
** Unfair actions by the strata corporation or by people owning more than half of the strata lots in a complex;
*uneven, arbitrary or non-enforcement of strata bylaws (such as noise, pets, parking, rentals);
** Uneven, arbitrary or non-enforcement of strata bylaws (such as noise, pets, parking, rentals);
*issues of financial responsibility for repairs and the choice of bids for services;
** Issues of financial responsibility for repairs and the choice of bids for services;
*irregularities in the conduct of meetings, voting, minutes or other matters;
** Irregularities in the conduct of meetings, voting, minutes or other matters;
*interpretation of the legislation, regulations or bylaws; and
** Interpretation of the legislation (such as the ''Strata Property Act''), regulations or bylaws; and
*issues regarding the common property.
** Issues regarding the common property.


For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)|Chapter 20: Small Claims]].
For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)|Chapter 20: Small Claims]].
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