A preliminary or summary decision is about an issue that needs to be decided before a claim continues through the CRT process.

A preliminary or summary decision is not about the merits of the claim. These decisions answer questions like:

• Is the claim within the CRT’s jurisdiction?
• Can a participant have a lawyer represent them?
• Is the applicant an appropriate person to make the claim?
• Is the claim more appropriate for a court or another tribunal?
• Has there already been a legally binding decision about the claim?
• Does a participant need to provide copies of documents?

We might ask the participants for written arguments about a preliminary question. Arguments explain your side of the issue. A tribunal member will review the arguments and apply the law to make a decision about the preliminary question.

Can I ask the CRT to make a decision about a preliminary question?

Often, CRT staff will identify if a decision needs to be made about a preliminary question. If you want to ask the CRT to make a decision about a preliminary question, talk to your case manager.

Can I ask the CRT a preliminary question about whether a claim is out of time?

A legal claim usually has to be started within a set period of time called a “limitation period”. Learn more about limitation periods.

After receiving a preliminary question about the limitation period, a tribunal member may make:

• A final decision to dismiss the claim because the time has run out
• A preliminary decision that the claim can continue

A preliminary question is not the only way for a tribunal member to consider a claim’s limitation period. If you can’t settle your CRT claim during facilitation and the dispute proceeds to the decision stage, a tribunal member may consider a claim’s limitation period when making a final decision.

What happens after the CRT makes a decision about a preliminary question?

We will send the decision to all the participants. The next steps depend on the decision:

• Preliminary decision: If the tribunal member decides the CRT process will continue, the decision might have instructions and next steps.
• Summary decision: If the tribunal member refuses to resolve the claim, that’s the end of the process. The claim will be closed.
• Final decision: If the tribunal member dismisses all the claims as the result of a preliminary decision, the dispute will be closed. Or, a tribunal member may dismiss some of the claims and allow other claims to continue. Learn more about final decisions.