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. Preliminary questions are things 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 out of time under the Limitation Act?
• 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 preliminary or summary decision about something?

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

What happens after the CRT makes a preliminary or summary decision?

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

• If the tribunal member decides the CRT process will continue, the preliminary or summary decision might have instructions and next steps.
• If the claim is dismissed or the CRT refuses to resolve it, that’s the end of the process. The claim will be closed.