Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"

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Choosing the Proper Forum for Small Claims (20:IV) (view source)

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=== 1. Jurisdiction ===
=== 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.  
The CRT classifies claims as “Small Claims Matters” or, “Strata Property Matters”. The tribunal will not determine if they have jurisdiction over disputes until an application for dispute resolution is submitted and the required fee paid. Applicants who want to know if their claim is within the tribunal’s jurisdiction before filing a dispute, may try using the CRT’s Solution Explorer or may need to seek legal advice.
   
There are some claims that may be considered hybrid claims, in that they include both strata and small claims elements. Applicants must file two separate applications if they have a partly strata and partly small claims matter.
 


==== a) Small Claims Matters ====
==== 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 regulations (''Bill 19, Civil Resolution Tribunal Amendment Act'', 2015, 4th Sess, 40th Parl, British Columbia, 2015 (assented to May 14th, 2015), s 3.1(2)). 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.  
The tribunal’s jurisdiction is similar to that of the Small Claims Court, however while the Small Claims Court can resolve claims of up to $35,000, the CRT is limited in jurisdiction to resolving small claims disputes of $5000 or under. If a claim is over $5,000 in total value, it may be reduced to $5,000 or less in order to make an application for dispute resolution at the CRT but this requires abandoning the amount that is over $5,000. This means that part of the claim is gone and can no longer be claimed at the CRT or anywhere else.
 
The Small Claims tribunal has jurisdiction over the following types of matters:
*Loans and Debt (ex. a claim for money loaned to someone and not repaid);
*Contract (ex. A claim for damages caused by the respondent’s failure to properly complete a contract);
*Personal Injury;
• Personal property (ex. a claim for damages caused to the applicant’s property or return of personal property);
• Consumer transactions (ex. a claim for damages for faulty merchandise);
• Insurance Disputes;
• Some employment (ex. a claim that the respondent complete work required under a contract or that they pay the applicant for work done for them)
 


==== b) Strata Property Matters ====
==== b) Strata Property Matters ====
LSLAP
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