Responding to an Application for Dispute Resolution
About responding to an application for dispute resolution.
These rules relate to the tribunal’s processes for responding to an application for dispute resolution, including what a respondent needs to do if they receive a dispute notice, how a respondent can add claims to a dispute, how a respondent can add another person to a dispute, what happens if the tribunal needs more information, what happens if the tribunal refuses to accept an application, and what happens if a respondent fails to respond to a dispute.
What to do if you receive a Dispute Notice?
72) A respondent who receives a Dispute Notice, or an applicant who receives a Dispute Notice as a result of an Additional Claim Form, must within 14 days of receiving it, or if notice was provided outside British Columbia, within 30 days
a) complete a Dispute Response Form,
b) provide the Dispute Response Form to the tribunal and
c) pay the required fee.
How can I add a claim to a dispute (often called a "counterclaim")?
73) Unless a facilitator directs otherwise, within 30 days of providing the Dispute Response Form to the
tribunal, a respondent can request resolution of a claim against an applicant, often called a
a) indicating in a completed Dispute Response Form that the respondent will add at least one
claim in the dispute,
b) completing an Additional Claim Form,
c) providing the Additional Claim Form to the tribunal, and
d) paying the required fee to add a claim.
How can I add another person to a dispute (often called a "Third Party Claim")?
74) Unless a facilitator directs otherwise, a respondent who believes another person is responsible for a claim can request resolution of the claim against that other person, often referred to as a “third party claim”, by
a) indicating in a completed Dispute Response Form that the respondent will apply for dispute resolution against the other person,
b) completing an Additional Claim Form identifying the other person and describing any claims against that person, c) providing the Additional Claim Form to the tribunal, and d) paying the required fee to add a claim.
75) A respondent who adds an additional party to a claim must complete the steps for “Starting the Dispute Resolution Process” except
a) the time frame for providing notice to the other person is 30 days instead of 90 days and
b) the original Dispute Notice and any responses must be provided along with the Dispute Notice for the additional claims.
What happens if I don't respond to the Dispute Notice?
76) A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute
Notice by the date shown on the notice is in default.
77) If every respondent is in default, an applicant can request a default decision and order by
a) providing a completed Request for Default Decision and Order form together with supporting evidence of dispute-related expenses and the value of non-debt claims ,
b) providing a completed Proof of Notice Form, and
c) paying the required fee to request a default decision and order.
78) When the tribunal makes a default decision and order, it will
a) assume liability, and
b) resolve the dispute without a respondent’s participation
79) In a request for a default decision and order for a debt claim, the tribunal will order payment of
a) the amount claimed, and
b) applicable interest, claimed tribunal fees and reasonable dispute-related expenses.
80) In a request for a default decision and order for a non-debt claim, the tribunal will determine
a) the amount the applicant is entitled to, based on the evidence provided, if the claim is for
b) the terms of an appropriate order, in any other case, including applicable interest, claimed tribunal fees and reasonable dispute-related expenses.
81) The tribunal will send a copy of the final decision and any order to the respondent.
82) If the tribunal notifies an applicant that no respondent provided a Dispute Response, and the applicant does not request a default decision within 21 days of being requested to do so, the tribunal may dismiss or refuse to resolve the application.
The CRT made a default order against me. Can I have it cancelled?
138) A party may request the cancellation of a final decision or order that was made when that party was in default or failed to comply with the Act, rules or regulations by
a) completing and submitting the Request for Cancellation of Final Decision or Dismissal Form,
b) providing evidence to support their request, and
c) paying the required fee.
139) If the request for cancellation is accepted for consideration by the tribunal, a tribunal member will
a) decide what steps are required, and
b) instruct the person making the request on how to notify the other parties or other people requiring notice.
140) A request to cancel a final decision or order that was made when a party was in default or failed to comply with the Act, rules or regulations must include the reasons for the non-compliance.
141) In reviewing the request for cancellation, the tribunal will consider
a) whether the reason for default or non-compliance was due to an accident, illness or other cause beyond the control of the party making the request,
b) whether the party making the request was acting in good faith,
c) evidence supporting their request,
d) whether the party making the request has a defence worth investigating and
e) if there is any delay in submitting the request for cancellation, the reason for that delay, along with evidence for the delay.
142) Generally, the tribunal will not cancel a final decision or order that was made when a party was in default or failed to comply with the Act, rules or regulations, if the reason for non-compliance or any delay was within the control of that party.