What happens if you have been named as a respondent in a Dispute Notice?

When you receive a Dispute Notice, you will need to file a response. It’s important that you do this within the time frame set out on the Notice. If you don’t respond, the dispute won’t just go away.

Responding to A Dispute Notice

  • 1 RECEIVE DISPUTE NOTICE PACKAGE

    If you are a respondent in a CRT dispute, an applicant will provide you with a Dispute Notice package.
    Dispute Notice

  • 2 Respond to the dispute

    Follow the instructions on the blank response form included in the Dispute Notice package. Make sure that you follow the timelines set out on the response form, and that you send the completed response form to the CRT. It’s important to respond to a dispute that is made against you. If you don’t respond, then the dispute will proceed without you and you may have a default judgement entered against you.
    Default Judgment

  • 3 OPTIONAL - MAKE A THIRD PARTY CLAIM OR COUNTERCLAIM

    If you want to make a counterclaim against the applicant, you will need to fill out the appropriate form and pay the required fee. If you think a third party is responsible for the claim, you will need to fill out the appropriate form and pay the required fee. If you’re making a third party claim, you’ll have to follow the rules for providing notice that are under the section on Starting a Dispute. Be aware that the timelines for providing notice is shorter for third party claims.
    Counterclaims Third party claims

  • 4 WAIT FOR THE CRT TO CONTACT YOU

    After you fill out your response form and return it to the CRT, the CRT will provide a copy of your response form to the applicant. Your dispute will then enter the negotiation phase, and be assigned to a facilitator.
    Negotiation

FAQ

  • Why did I receive a CRT Dispute Notice?

    If you received a CRT Dispute Notice, it’s usually because you are named as a respondent in a CRT dispute.

  • Why have I been named as a respondent in a CRT dispute?

    If you are named as a respondent in a CRT dispute, it means:

    • Someone has applied to the CRT for dispute resolution of one or more claims. That person is the applicant.
    • The applicant thinks you are responsible for at least one of the claims. That’s why they named you as a respondent.

    The CRT process is designed to encourage applicants and respondents to resolve disputes by agreement. That means you will have the chance to agree on an outcome for each claim in the dispute.

    If you don’t resolve the whole dispute by agreement, any unresolved claims can go through the Tribunal Decision Process. In this process, a CRT member resolves the claim by a binding decision. The member can also make orders to give effect to the decision. The orders can be enforced just like a court order.

  • What does a respondent have to do?

    If you are named as a respondent, you have to respond to the dispute. This process begins with the information provided by the applicant. During the response process, you can provide your side of the dispute.

    The 5 basic steps to respond to a dispute are:

    • Carefully review the Dispute Notice package you received from the applicant in your dispute.
    • Gather all the information you need to provide your response.
    • Complete the Dispute Response Form included with the Dispute Notice package. (You can get an electronic copy here.)
    • Provide your completed Dispute Response Form to the CRT by following the instructions on the Dispute Response Form.
    • Provide a copy of your completed Dispute Response Form to every other applicant and respondent in the dispute by the deadline shown in the Dispute Notice you received.
  • How much time do I have to respond?

    The response deadline is shown in the Dispute Notice you received. Timing is very important. If you don’t complete these steps by the deadline for your response, the CRT process can continue without your input. The Tribunal can make an order against you, known as a default order. You can request an extension to the response deadline if needed, by completing the Request for Directions on Providing Notice Form.

  • What if I don’t want to do anything about being a respondent?

    If you don’t participate in the dispute resolution process, the CRT can still resolve the dispute. The Tribunal will rely on the information provided by the applicant and any other respondents to make a decision. This is known as a default order. This order can be enforced against you as a court order, even if you didn’t participate in the CRT process.

  • If there is more than one respondent, can they pay the fees and money for any claim instead of me?

    No. Every respondent named in a CRT dispute has to pay the respondent fee and respond to any claims made against them in the dispute. Failure to do either of these things could result in a default order against a respondent.

  • What if I want to make a claim against the applicant?

    Here are the steps for adding your own claim(s) against the applicant:

    • Complete your Dispute Response Form.
    • Mark your Dispute Response Form to say that you are going to add your own claim against the applicant.
    • Complete an Additional Claim Form to explain your claim.
    • Provide a copy of your completed Additional Claim Form along with your completed Dispute Response Form to the CRT.
    • Pay the applicable fee to add a claim to a dispute. Submit this fee with your forms to the CRT.
    • Provide completed copies of your Dispute Response Form and Additional Claim Form to every applicant and respondent in the dispute.
  • What if I think somebody else is responsible for the claim the applicant made against me?

    If you think another person is responsible for the claim the applicant made against you, you can make a claim against them too.

    For example: Lee is named as a respondent in a dispute. The applicant claimed that Lee knocked over a fence. Lee’s car did collide with the fence. But Lee had some mechanical work done to the car’s brakes the day before the collision. Lee claims the brakes didn’t work properly after the mechanical work and is making a claim against the mechanic who did the work.

    You basically start one or more claims against this other person and ask the CRT to join the disputes together to be resolved at the same time. You can make the claim by following these steps:

    • Complete your Dispute Response Form.
    • Mark your Dispute Response Form to say that you are going to add claims to the dispute.
    • Complete the steps to apply for dispute resolution with the Tribunal.
    • In your Dispute Application Form where you are making your claim against the other person, ask the Tribunal to join the new dispute you started with the dispute in which you’re already named as a respondent.
    • Provide your completed Dispute Response Form and your Dispute Application Form, along with the fee, to the CRT.
    • Provide completed copies of the Dispute Response Form to every applicant and respondent in the dispute.
    • Provide a copy of the Dispute Notice to every respondent you named in your form.
  • I don’t want the CRT to resolve my strata dispute. What is the exemption process?

    If you don’t want the CRT to resolve your strata property dispute, you can try to have it moved to the Supreme Court of BC. There are two ways to try this.

    1. You can ask the Civil Resolution Tribunal to decide not to resolve your dispute. You can send an email to the CRT asking it to decide not to resolve your dispute. Your email also needs to explain the reasons for your request. If an application has already been filed with the CRT, make sure to include your dispute number. Section 11 of the Civil Resolution Tribunal Act (CRT Act), says the CRT may decide not to resolve your dispute for any of the following reasons:
      • The dispute has been resolved through a legally binding process.
      • The request for resolution does not disclose a reasonable claim or is an abuse of process.
      • Issues in the claim or dispute are too complex or impractical for the Tribunal to resolve.
      • The claim may involve a constitutional question or the Human Rights Code.
      • The CRT is satisfied that the Supreme Court would grant an order that the Tribunal not resolve the claim or dispute. (For more information on this, see below.)

      The CRT’s decision about whether to resolve your dispute is discretionary. That means it’s up to the CRT to decide whether to allow your request.

    1. You can also make an application to the BC Supreme Court. You can apply for an order that the CRT not resolve your strata property dispute. Section 12.3 of the CRT Act says the court may order that the CRT not resolve a strata property dispute for any of the following reasons:
      • The Tribunal does not have jurisdiction to resolve the claim.
      • It is not in the interests of justice and fairness for the Tribunal to resolve the claim.

      When deciding whether it is in the interests of justice and fairness for the CRT to resolve a claim, the court may consider whether:

      • The use of electronic tools in the CRT process would be unfair to one or more parties in a way that the CRT cannot accommodate.
      • An issue raised by the claim or dispute is important enough for the Supreme Court to make a precedent-setting decision.
      • The claim involves the constitution or the Human Rights Code.
      • Whether the dispute is sufficiently complex to benefit from being resolved by the Supreme Court.
      • All the parties in the dispute agree that it should be resolved by the Supreme Court.
      • The dispute should be heard together with another dispute being heard by the Supreme Court.

      For more information about making a Supreme Court of BC application, see the Supreme Court of BC Online Help Guide.

  • I don’t want the CRT to resolve my small claims dispute. What is the exemption process?

    If you don’t want the CRT to resolve your small claims dispute, you can try to have it moved to the BC Provincial Court. There are two ways to try this.

    1. You can ask the Civil Resolution Tribunal to decide not to resolve your dispute. You can send an email to the CRT asking it to decide not to resolve your dispute. Your email also needs to explain the reasons for your request. If an application for dispute resolution has already been filed with the CRT, make sure to include your dispute number. Section 11 of the Civil Resolution Tribunal Act (CRT Act), says the CRT may decide not to resolve your dispute for any of the following reasons:
    • The dispute has been resolved through a legally binding process.
    • The request for resolution does not disclose a reasonable claim or is an abuse of process.
    • Issues in the claim or dispute are too complex or impractical for the Tribunal to resolve.
    • The claim may involve a constitutional question or the Human Rights Code.
    • The CRT is satisfied that the BC Provincial Court would grant an order that the Tribunal not resolve the claim or dispute. (For more information on this, see below.)

    The CRT’s decision about whether to resolve your dispute is discretionary. That means it’s up to the CRT to decide whether to allow your request.

    1. You can also make an application to the BC Provincial Court. You can apply for an order that the CRT not resolve your small claims dispute. Section 12.2 of the CRT Act says the court may order that the CRT not resolve a small claims property dispute for any of the following reasons:
    • The Tribunal does not have jurisdiction to resolve the claim.
    • It is not in the interests of justice and fairness for the Tribunal to resolve the claim.

    When deciding whether it is in the interests of justice and fairness for the CRT to resolve a claim, the court may consider whether:

    • The use of electronic tools in the CRT process would be unfair to one or more parties in a way that the CRT cannot accommodate.
    • All the parties in the dispute agree that it should be resolved by the BC Provincial Court.

    An application for an exemption from the BC Provincial Court can only be made after an application for dispute resolution has been filed with the CRT. The application for an exemption must be made within 14 days of filing a CRT response. For more information about making a BC Provincial Court application, see the BC Provincial Court website.