A “counterclaim” is when a respondent makes a claim against the original applicant. A counterclaim is usually about the same issue as the original claim. For example:
- Jane makes a claim against ABC Auto Sales, asking for a refund for a used car.
- ABC Auto Sales makes a counterclaim against Jane, asking her to return the used car.
Who can make a counterclaim?
Any respondent in the claim can make a counterclaim. That means there might be more than 1 counterclaim. A counterclaim can be made against 1 or more applicants from the original claim.
You can’t add a new respondent to the counterclaim. If you want to add someone, you might be able to make a third-party claim instead. Learn about making a third-party claim.
How do I make a counterclaim?
You can make a counterclaim after you respond to the original claim. You have 30 days to make a counterclaim after you respond.
The form will ask for details about your claim.
Pay the application fee by credit card, at a ServiceBC location, or by sending us a cheque or money order. If you can’t afford the fee, you can ask for a fee waiver at the end of the application form.
What happens after I make a counterclaim?
What to expect after you make a counterclaim:
- The CRT will review your counterclaim application form. We’ll contact you if information is missing or needs clarification, or if we haven’t received your fee payment.
- If your counterclaim application is accepted, we’ll generate an official CRT Dispute Notice and email it to you.
- The CRT will serve the Dispute Notice for you on the counterclaim respondents.
- Wait for the respondents to respond to the claim.