Difference between revisions of "Small Claims Default Order (20:VII)"

Small Claims Default Order (20:VII) (view source)

251 bytes added , 20:50, 8 September 2023

added definition of Default order at beginning of section. Removed CRT-specific section on cancelling default orders.

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+A default order is a court or tribunal decision that is available to apply for when the opposing party fails to respond to the dispute notice or Notice of Claim by the required date. However, it is good practice to take extra measures to ensure the opposing party is truly electing not to respond. Even if a default order is granted, the party in default generally has a low bar to meet when applying to cancel it.
 == A. Civil Resolution Tribunal ==
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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.
-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.