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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 18:54, 23 July 2017
, 18:54, 23 July 2017no edit summary
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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. | 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 ==== | ||
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==== b) Strata Property Matters ==== | ==== b) Strata Property Matters ==== | ||
A person may make a request for tribunal resolution of a claim that concerns: | The CRT can resolve a wide variety of disputes between owners and tenants of strata properties and strata corporations, but can only help with disputes where the event triggering the dispute happened in BC. Unlike the Small Claims jurisdiction of the CRT, the Strata Property jurisdiction of the CRT has no monetary limit. 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 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 common property or common assets of the strata corporation; | ||
*the use or enjoyment of a strata lot; | *the use or enjoyment of a strata lot; | ||
*unfair, arbitrary or non-enforcement of strata bylaws, such as noise, pets, parking, rentals; | |||
*money owing, including money owing as a fine, under the ''Strata Property Act'' or a regulation, bylaw or rule under that Act | *money owing, including money owing as a fine, under the ''Strata Property Act'' or a regulation, bylaw or rule under that Act | ||
*financial responsibility for repairs; | |||
*an action or threatened action by the strata corporation, including the council, in relation to an owner or tenant; | *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 | *a decision of the strata corporation, including the council, in relation to an owner or tenant; or | ||
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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. | 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. | ||
=== 2. Process === | === 2. Process === | ||
Using the tribunal to resolve a dispute will be mandatory. The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet. Unlike Small Claims Court, the tribunal generally | Using the tribunal to resolve a dispute will be mandatory. The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet. Unlike Small Claims Court, the tribunal generally requires the parties to be self-represented; lawyers are generally not permitted (CRTA, s 20). There are exceptions to this, including where a party is a minor or has impaired capacity, where the rules permit the party to be represented or where the tribunal permits representation because it is in the interests of justice and fairness. If a party is wanting to request a representative they can request one in the online intake system or by filling out a Representation Request Form, which can be found at the following link: | ||
https://civilresolutionbc.ca/wp-content/uploads/2017/06/FORM-Request-Representative-May-2017.pdf.. | |||
There is no guarantee | There is no guarantee that tribunal adjudicators will be legally trained. For a tribunal small claim, if a party is unhappy with the tribunal decision, they will be able to file a notice of objection and bring the small claim as a claim in the Provincial Court (''Bill 19, Civil Resolution Tribunal Amendment Act'', 2015, 4th Sess, 40th Parl, British Columbia, 2015 (assented to May 14th, 2015) s 27). A party who is dissatisfied with the ruling on a strata property matter can only seek limited judicial review in the Supreme Court of British Columbia. The standard of review is correctness unless the decision relates to: | ||
*findings of fact for which the finding must either be unreasonable or made without any evidence to support it; | *findings of fact for which the finding must either be unreasonable or made without any evidence to support it; | ||
*discretionary decisions for which the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute; or | *discretionary decisions for which the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute; or | ||
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*the date a party files a notice of objection; or | *the date a party files a notice of objection; or | ||
*the date the time for filing a notice of objection expires. | *the date the time for filing a notice of objection expires. | ||
Tribunal orders relating to strata property matters are enforceable as an order of the court. | Tribunal orders relating to strata property matters are enforceable as an order of the court. | ||