If you don’t agree with a CRT default decision, your options depend on your role in the claim, and the date the decision was given.

• If the default decision was made against you, you can ask the CRT to cancel it.
• You also might be able to ask the BC Supreme Court for a judicial review of the decision.

How do I ask to cancel a default decision?

You have 28 days to apply to cancel the decision, starting from the day you received the decision or were considered to have received it under the CRT Rules.

To request to cancel a decision you must complete 2 forms and pay a fee.

Form #1: Request to Cancel a Decision or Order

• The Request to Cancel a Decisions or Order allows you to explain why you didn’t respond to the Dispute Notice by the deadline.
• You can also give us evidence to prove why you didn’t respond. For example, if you were traveling overseas when the Dispute Notice arrived at your home by mail, you can provide copies of your plane tickets to prove you were away.

Form #2: Dispute Response

• Select a Dispute Response Form for a person, business, or strata corporation.
• After reading the Dispute Notice, use this form to tell us why you agree or disagree with the claims made against you.

Send these forms to the CRT and pay the fee:

• Send these forms to the CRT by email, mail, or fax.
• If you are mailing the forms, attach a cheque or money order.
• If you send the forms by email or fax, we’ll contact you with instructions to pay the fee.
• If you can’t afford to pay the fee, you can request a fee waiver by filling out the Fee Waiver Request Form.

The CRT must receive the forms and payment within the 28-day deadline.

What happens after the CRT receives the forms and payment?

Next, we’ll review your request.

• If you’ve completed the forms correctly and paid the fee, or received a fee waiver, we’ll share your dispute response with the other participants in the claim.
• Everyone will be given the opportunity to explain why the decision and order should or should not be cancelled.

What will the CRT consider?

The forms and everyone’s statements and evidence will be given to an independent legal expert called a tribunal member, who will decide whether to cancel the decision and order. They will consider:

• Was your failure to respond willful or deliberate?
• Did you make your request to cancel as soon as reasonably possible?
• Does your dispute response show a defence that has merit or is at least worth investigating?

If the CRT decides to cancel the default decision, the claim will continue to the CRT negotiation or facilitation stage. A CRT case manager will try to help the participants reach an agreement.

If the CRT decides not to cancel the default decision, the order for you to do something or pay money will be enforceable. The claim can’t be reopened. But you might be able to ask the BC Supreme Court for a judicial review of the CRT’s decision to not cancel. This can be complicated. You may want to get legal advice.