What kinds of motor vehicle injury disputes can the CRT resolve?
The CRT can resolve certain motor vehicle injury disputes. There are three types:
- Disputes about accident benefits
- Minor injury determinations
- Disputes about damages and liability up to $50,000
Accident benefit disputes can include:
- Medical benefits
- Disability for homemaker benefits
- Income replacement benefits
- Funeral and survivor benefits
A minor injury determination is where the applicant asks the CRT to decide if an injury from a motor vehicle accident in BC is a “minor injury”. A minor injury is defined in the Insurance (Vehicle) Act. If the tribunal determines that a person’s injury is a minor injury, that person’s damages for pain and suffering are limited under the Insurance (Vehicle) Act. From April 1, 2019 to March 31, 2020, the limit is $5,500. From April 1, 2020 to March 31, 2021, the limit is $5,627.
Disputes about damages and liability include asking the tribunal to determine who was responsible for an accident, and how much the at fault driver should compensate the other driver. Damages can include things like repairs to property, future income loss, past wage loss, and pain and suffering.
For more information about the CRT’s jurisdiction, see the Civil Resolution Tribunal Act, Part 10 – Tribunal Jurisdiction.
What types of small claims disputes can the CRT resolve?
The CRT can resolve small claims disputes $5,000 and under, not including court order interest or dispute-related expenses. These disputes include:
- debt or damages
- recovery of personal property
- personal injury
- specific performance of agreements involving personal property or services
If your claim is over $5,000, you must reduce your claim to $5,000 or less in order to make an application for dispute resolution at the CRT. This means you “abandon” the amount that is over $5,000. But be aware that once you abandon an amount, that part of your claim is gone and you can’t claim for it again, at the CRT or anywhere else.
For more information about the CRT’s small claims jurisdiction, see the Civil Resolution Tribunal Act.
What types of strata disputes can the CRT resolve?
The CRT can resolve a wide variety of disputes between owners and tenants of strata properties and strata corporations, such as:
- Non-payment of monthly strata fees or fines
- Unfair actions by the strata corporation or by people owning more than half of the strata lots in a complex
- Unfair, arbitrary or non-enforcement of strata bylaws, such as noise, pets, parking, rentals
- A strata’s failure to enforce its bylaws
- Financial responsibility for repairs
- Irregularities in meetings, voting, minutes or other governance issues
- Interpretation of the legislation, regulations or bylaws
- Issues about common property
How do I know if BC is the right jurisdiction for the dispute?
In order for the CRT to have jurisdiction over a dispute, there must be a real and substantial connection between British Columbia and the facts in the dispute.
Sometimes this happens if the situation giving rise to the dispute occurred in BC, or if the applicant or respondent lives or carries on business in BC.
If a party disagrees that there is a real and substantial connection between the dispute and BC, they can ask the CRT to determine if another forum is clearly more appropriate. A tribunal member may consider factors including:
- Where the alleged wrong occurred
- Where the parties carry on business
- Fairness to the parties
- The need for an efficient process to resolve the dispute
The legal test for this is known as “forum non conveniens”.
What types of disputes CAN'T the CRT resolve?
The CRT is not able to decide certain disputes. Some of these will need to be filed in BC Supreme Court, BC Provincial Court, or WITH another tribunal. Others may not be valid legal claims at any court or tribunal.
The CRT cannot decide matters related to terminating or dissolving your interest in land or your strata lot.
The CRT cannot decide matters that affect land, such as:
- Ordering the sale of a strata lot
- Builder’s liens
- Court orders respecting rebuilding damaged real property
- Determining each owner’s percent share in the strata complex
The CRT cannot decide matters that involve slander, defamation or malicious prosecution.
The CRT cannot enforce orders from the Residential Tenancy Branch (RTB) or the Employment Standards Branch (ESB). These need to be enforced at the BC Provincial Court.
The CRT cannot decide the following matters relating to significant issues in a strata complex:
- Appointment of an administrator to run the strata corporation
- Orders vesting authority in a liquidator
- Applications to wind up a strata corporation
- Remedies under section 33 of the Strata Property Act for an alleged conflict of interest by a strata council member
- Appointment of voters when there is no person to vote in respect of a strata lot
If someone has already filed a dispute at the CRT, the same dispute cannot be filed with the CRT a second time.
The CRT cannot decide a claim if that dispute has already been filed or resolved through another legally binding process or other dispute resolution process.
The CRT cannot resolve a dispute if it is frivolous, vexatious or an abuse of process.
The CRT cannot resolve an issue requiring the application of the Canadian Charter of Rights and Freedoms.
The CRT cannot resolve a dispute if the limitation period has expired.
The CRT cannot decide a dispute if the claim is against the government, or if the government is a party to the dispute.
The CRT cannot decide a minor injury determination or damages and liability claim under its motor vehicle injury jurisdiction unless the claim happened in BC on or after April 1, 2019 and there was a bodily injury. Damages and liability claims for accidents that occurred before April 1, 2019 can be heard by the tribunal under the CRT’s small claims jurisdiction, which is limited to claims of $5,000 or less.
The CRT cannot decide an accident benefits claim under its motor vehicle injury jurisdiction unless the claim happened on or after April 1, 2019.
Can I claim CRT fees and dispute-related expenses?
Which parties are government?
Provincial Government – Her Majesty the Queen in Right of the Province of BC (including ministries, tribunals, etc)
Federal Government – Her Majesty the Queen in Right of Canada (including ministries, tribunals, etc)
Local Government (for example, a municipality)
Can you tell me if the CRT has jurisdiction over my issue?
The CRT can’t tell you if we have jurisdiction over your dispute until you submit your application for dispute resolution and pay the application fee.
If you haven’t applied yet and aren’t sure if your dispute is within the CRT’s jurisdiction, you may want to get legal advice.
The CBABC’s Lawyer Referral Service may be able to put you in touch with a lawyer who will provide a 30-minute consultation for a nominal fee.
Access Pro Bono operates clinics around British Columbia that offer free legal services to those who qualify.
If the CRT can't help me, when will I be notified?
You may be able to find out on your own whether or not the CRT will be able to resolve your dispute.
The first step is to use the CRT’s self-help tool, the Solution Explorer. It will help you learn more about your dispute, and what you might be able to do to resolve it. The Solution Explorer may also give you letter templates to send to the other party, and can tell you what your legal rights are.
If your dispute is something the CRT can resolve, at the end of your exploration you will be given the right application form for your dispute type.
Our intake staff will review your application. If the CRT determines that it can’t help you, our intake staff will contact you to let you know.
You’ll be given the opportunity to make submissions to the CRT about why you think your claim is within the CRT’s jurisdiction.