5,483
edits
Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"
Jump to navigation
Jump to search
Choosing the Proper Forum for Small Claims (20:IV) (view source)
Revision as of 17:09, 4 July 2016
, 17:09, 4 July 2016→C. Civil Resolution Tribunal
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 62: | Line 62: | ||
== C. Civil Resolution Tribunal == | == C. Civil Resolution Tribunal == | ||
The Civil Resolution Tribunal is designed to be an alternative to Small Claims Court. It is anticipated that the tribunal will begin operations some time in 2015.In June 2014, regulations were enacted that | The Civil Resolution Tribunal is designed to be an alternative to Small Claims Court. It is anticipated that the tribunal will begin operations some time in 2015. In June 2014, regulations were enacted that allowed for the appointment of tribunal members and other staff30 As of May 11th, 2015, 18 tribunal members had been selected31. | ||
As of May 14th, 2015, the ''Civil Resolution Tribunal Amendment Act'' (CRTAA)32 has been passed by the legislature and received royal assent. Although the regulations have not yet been enacted, the CRTA and CRTAA set out the general process and jurisdiction. | |||
For up to date information on the Civil Resolution Tribunal and associated legislative changes, please visit their website at https://www.civilresolutionbc.ca/. | |||
=== 1. Jurisdiction === | |||
The tribunal classifies claims as “Small Claims Matters”, “Strata Property Matters”, or “Other Matters”. These classifications are set out in the Schedule to the CRTA and may be further clarified by regulation. | |||
==== a) Small Claims Matters ==== | |||
The tribunal’s jurisdiction is similar to that of the Small Claims Court, except that the tribunal cannot hear matters for or against the government, or any matters that may be specified in future regulations33. The monetary limit may also be different once it is set by regulation. If, however, a claim can be dealt with under either s 6 or s 7 of the Schedule, it must be brought as a strata property matter rather than a small claims matter. | |||
==== b) Strata Property Matters ==== | |||
A person may make a request for tribunal resolution of a claim that concerns: | |||
*the interpretation or application of the ''Strata Property Act'' or a regulation, bylaw, or rule under that Act; | |||
*the common property or common assets of the strata corporation; | |||
*the use or enjoyment of a strata lot; | |||
*money owing, including money owing as a fine, under the ''Strata Property Act'' or a regulation, bylaw or rule under that Act; | |||
*an action or threatened action by the strata corporation, including the council, in relation to an owner or tenant; | |||
*a decision of the strata corporation, including the council, in relation to an owner or tenant; or | |||
*the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting. | |||
The foregoing list contains a number of limitations. A person considering tribunal resolution of a claim listed above should review s 3.6 (2) of the CRTAA to ensure that a limitation does not deny jurisdiction to the tribunal. | |||
==== c) Other Matters ==== | |||
The tribunal may, by regulation, be granted jurisdiction over other matters that cannot be classified as either a small claims matter or a strata property matter. | |||