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Difference between revisions of "Small Claims Costs and Penalties (20:XV)"
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Small Claims Costs and Penalties (20:XV) (view source)
Revision as of 20:38, 12 August 2022
, 20:38, 12 August 2022no edit summary
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 12, 2022}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
The court expects parties to act reasonably and follow the rules. Parties who do not follow the rules or are unsuccessful may be liable for certain costs and penalties. | |||
== A. Costs to Successful Party == | == A. Costs to Successful Party == | ||
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The CRT 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. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules (effective May 1, 2021)'', Rule 9.5(1)). In addition, one party may have to pay the other party tribunal fees, expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees to make these fee determinations, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)). | The CRT 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. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules (effective May 1, 2021)'', Rule 9.5(1)). In addition, one party may have to pay the other party tribunal fees, expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees to make these fee determinations, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)). | ||
== D. Civil Resolution Tribunal Costs == | |||
The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (CRT Rules (effective May 1, 2022), Rule 9.5(1)). In addition, one party may have to pay the other parties expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)). | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||