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What is a counterclaim?

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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.

1
Fill out and submit the counterclaim application form

The form will ask for details about your claim.

2
Pay the application fee

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:

  1. 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.
  2. If your counterclaim application is accepted, we’ll generate an official CRT Dispute Notice and email it to you.
  3. The CRT will serve the Dispute Notice for you on the counterclaim respondents.
  4. Wait for the respondents to respond to the claim.