Small Claims Default Order (20:VII): Difference between revisions
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Small Claims Default Order (20:VII) (view source)
Revision as of 20:22, 12 August 2022
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 12, 2022}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
== A. Civil Resolution Tribunal == | == A. Civil Resolution Tribunal == | ||
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* paying the required fee to request a default decision and order. | * paying the required fee to request a default decision and order. | ||
If the applicant’s claim is for something other than debt, they will need to provide evidence to support their requested remedy. 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 === | ||
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The requesting party has the burden to provide sufficient evidence on the factors above (see '''Section VI.D: Defences'''). | The requesting party has the burden to provide sufficient evidence on the factors above (see '''Section VI.D: Defences'''). | ||
== B. Small Claims Court == | == B. Small Claims Court == | ||
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Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | ||
The CRT has a similar process for cancelling default orders. Under the CRT’s rules, a respondent generally has 28 days to request cancellation of a default order. | |||
If the default order is canceled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant traveling expenses, and lost wages that were incurred only as a result of the cancellation. | If the default order is canceled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant traveling expenses, and lost wages that were incurred only as a result of the cancellation. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||