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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)
Revision as of 18:41, 23 July 2017
, 18:41, 23 July 2017no edit summary
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*Contract (ex. A claim for damages caused by the respondent’s failure to properly complete a contract); | *Contract (ex. A claim for damages caused by the respondent’s failure to properly complete a contract); | ||
*Personal Injury; | *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) | |||
However, it does not have jurisdiction over claims:, | |||
*that involve slander, defamation or malicious prosecution (CRTA s. 3.1(2)); | |||
*that are deemed sufficiently complex that they would benefit from being adjudicated by the Provincial Court (CRTA s.12.1(3)); | |||
*that are in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal; | |||
*that have already been filed or resolved through another legally binding process or other dispute resolution process; | |||
*that fall within the jurisdiction of other tribunals (e.g.,x. the Residential Tenancy Board); | |||
*that are frivolous, vexatious or an abuse of process; | |||
*that are against the government, or which the government is a party to the dispute (CRTA s.3.1(2)); | |||
*that involve the application of the Canadian Charter of Rights and Freedoms (CRTA s. 3.8). | |||
==== b) Strata Property Matters ==== | ==== b) Strata Property Matters ==== | ||