If you don’t agree with a CRT decision made against you for non-compliance, 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 non-compliance 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.
What happens after I ask to cancel the decision?
If we agree to cancel a decision made against you for non-compliance, the claim will continue.
If we decide not to cancel, the non-compliance 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 comply, and give evidence to support it. If you ask to cancel a non-compliance decision, according to the CRT Rules we will consider whether:
- The failure to comply was willful or deliberate
- The request to cancel was made as soon as reasonably possible