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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 00:26, 22 November 2022
, 00:26, 22 November 2022→2. Process
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Using the tribunal to resolve a dispute within its jurisdiction is mandatory by default. However, if the CRT refuses to resolve a claim it can be brought to another court. A party can also apply to court to be exempted from the CRT. For more information see: https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters | Using the tribunal to resolve a dispute within its jurisdiction is mandatory by default. However, if the CRT refuses to resolve a claim it can be brought to another court. A party can also apply to court to be exempted from the CRT. For more information see: https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters | ||
The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet and email. Unlike Small Claims Court, the tribunal generally requires the parties to be self-represented; lawyers are generally not permitted (Civil Resolution Tribunal Act, 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 wishes to request a representative, they should contact the CRT directly to obtain a Representation Request Form. | |||
:'''NOTE:''' Parties may obtain legal assistance and/or advice without submitting a Form, however, their lawyer will not be able to participate directly in the CRT process. | :'''NOTE:''' Parties may obtain legal assistance and/or advice without submitting a Form, however, their lawyer will not be able to participate directly in the CRT process. | ||