A “default decision” is a final decision made by the CRT if a respondent doesn’t reply to the claim. This is in the CRT Rules.
- If you made a claim against someone and they don’t respond by the deadline, you can ask the CRT for a default decision. For most types of claims, there’s a fee to apply for a default decision.
- If someone made a claim against you and you don’t respond, you could have a default decision made against you. Learn how to respond to a Dispute Notice.
- The deadline to respond to a claim is generally 14 calendar days from the date the Dispute Notice was served (30 days if they received it outside BC). If we give them a time extension and they don’t respond by the extended deadline, they may be considered “in default”.
How do I ask for a default decision?
- After the response deadline passes, we’ll contact you to ask if you want a default decision.
- Follow the instructions we give you to pay any required fee.
- After receiving payment, we’ll send you a Default Decision and Order form. Let us know if there are any errors. The only changes you can ask for are:
- You can reduce the amount of money you want the respondent to pay.
- You can waive interest if you previously claimed it on the Dispute Notice.
- You can add expenses, such as postage or fees you paid to serve the Dispute Notice package, the cost of expert reports, or other expenses allowed under the Rules. Learn more about what expenses are allowed.
- If you claim more than $50 in expenses, not including CRT fees, you must provide receipts.
- If you have a non-debt claim, log in to your CRT Account to submit evidence to support the amount of your claim. If you don’t have any evidence, please explain why.
- A tribunal member will review the details in the form and make a decision based on the law. When a respondent is in default, the CRT usually assumes they are at fault.
What is a debt claim?
A debt claim is usually about money owing when there is a contract or agreement.
What is a non-debt claim?
If the dispute does not have a contract or agreement, it is likely a non-debt claim.
What happens after the CRT makes a default decision?
The decision will be sent by email or mail to the applicant and the respondents named on the Dispute Notice.
A default decision can be enforced like a court order. The CRT can’t enforce orders. It’s up to you to file the order with a court for enforcement. Learn how to enforce a CRT decision.
What if I don’t agree with a default decision?
You can ask the CRT to cancel a default decision. There’s a fee for this. You must explain why you think the CRT should cancel the decision. The other steps depend on if you made the claim, or if the claim was made against you. Learn more about asking to cancel a default decision.
You might also be able to ask the BC Supreme Court for judicial review of the decision. This can be complicated. You may want to get legal advice. The CRT can’t give legal advice or help you file for a judicial review. Learn more about judicial review.