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.
Do I need to make a counterclaim for CRT fees and expenses?
A respondent doesn’t need to make a counterclaim if they only want to be reimbursed for any CRT fees they paid or other reasonable expenses directly related to the CRT process.
See can my fees and expenses be reimbursed? to learn about claims for reimbursement of CRT fees, the cost of expert evidence and reports, legal expenses, and other claim-related expenses.
Who can make a counterclaim?
Any respondent in the original claim can make a counterclaim. If the original claim had more than one respondent, that means there might be more than one counterclaim. A counterclaim can be made against one 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.
If you’re not sure who to make a claim against, you might want to get legal advice. The CRT can’t give legal advice, or tell you who you should make a claim against.
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. Learn more about fee waivers.
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 we don’t receive the information or payment, we may decide not to issue a Dispute Notice for the counterclaim.
- If your counterclaim application is accepted, we’ll generate an official CRT Dispute Notice and email it to you.
- The CRT may serve the Dispute Notice and instructions for response to the counterclaim respondents by email.
- Wait for the respondents to respond to the counterclaim Dispute Notice.