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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 18:50, 12 August 2022
, 18:50, 12 August 2022no edit summary
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=== 1. Jurisdiction === | === 1. Jurisdiction === | ||
The CRT has jurisdiction over small claims disputes up to $5,000, strata property matters, certain disputes about motor vehicle accidents and injuries, and disputes involving societies and co-operative associations. The tribunal will not determine if they have jurisdiction over disputes until an application for dispute resolution is submitted and the required fee paid. While jurisdictional issues are screened at the intake stage, a tribunal member retains discretion to determine whether the dispute is within the tribunal’s jurisdiction. Applicants who want to know if their claim is within the tribunal’s jurisdiction before filing a dispute may try using the CRT’s | The CRT has jurisdiction over small claims disputes up to $5,000, strata property matters, certain disputes about motor vehicle accidents and injuries, and disputes involving societies and co-operative associations. The tribunal will not determine if they have jurisdiction over disputes until an application for dispute resolution is submitted and the required fee paid. While jurisdictional issues are screened at the intake stage, a tribunal member retains discretion to determine whether the dispute is within the tribunal’s jurisdiction. Applicants who want to know if their claim is within the tribunal’s jurisdiction before filing a dispute may try using the CRT’s [https://civilresolutionbc.ca/solution-explorer Solution Explorer] or may need to seek legal advice. | ||
Sometimes, disputes may be “hybrids” in that they include strata, co-operative, motor vehicle injury and/or small claims elements. In general, where a dispute has elements of both a small claim or another type of claim (most commonly strata), the CRT will not consider it a small claim. Applicants should consult the CRT to determine whether two separate applications should be made. | Sometimes, disputes may be “hybrids” in that they include strata, co-operative, motor vehicle injury and/or small claims elements. In general, where a dispute has elements of both a small claim or another type of claim (most commonly strata), the CRT will not consider it a small claim. Applicants should consult the CRT to determine whether two separate applications should be made. | ||
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The CRT has jurisdiction over most vehicle accident claims in British Columbia. In particular, the CRT can resolve disputes regarding accident benefits, minor injury determinations, fault, damages claims up to $50,000, and entitlement to benefits under the Enhanced Care model. | The CRT has jurisdiction over most vehicle accident claims in British Columbia. In particular, the CRT can resolve disputes regarding accident benefits, minor injury determinations, fault, damages claims up to $50,000, and entitlement to benefits under the Enhanced Care model. | ||
For more information, consult the CRT's | For more information, consult the CRT's [https://civilresolutionbc.ca/solution-explorer Solution Explorer], Chapter 12: Automobile Insurance (ICBC), Chapter 13: Motor Vehicle Law, and ''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/521692/index.do Dusdal v. ICBC, 2022 BCCRT 602]'' which briefly explains recent changes to motor vehicle accident claims. | ||
==== d) Societies and Cooperative Associations ==== | ==== d) Societies and Cooperative Associations ==== | ||