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.
- Fill out and submit a Request to Cancel a Decision or Order form. It asks you to explain why you think the CRT should cancel the decision. You must include evidence to support your explanation.
- Pay the request fee. Follow the payment instructions in the form.
- Respond to the claim. This is required as part of asking to cancel the default decision.
What happens after I ask to cancel the decision?
- If the CRT agrees to cancel a default decision, the claim will continue. It will be put into the negotiation or facilitation stage. We will also share your claim response with the other participants.
- If the CRT decides not to cancel it, the default decision and order will stand. 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.
What will the CRT consider?
It’s your responsibility to explain why you didn’t respond or participate in the claim, and give evidence to support it. If you ask to cancel a default decision, according to the CRT Rules we will consider whether:
- The failure to respond was willful or deliberate
- The request to cancel was made as soon as reasonably possible
- The claim response shows a defence that has merit or is at least worth investigating